2026:MHC:3390Crl.MP(MD) Nos.5823 & 6941 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 27.04.2026

PRONOUNCED ON : 19.08.2026

CORAM

THE HONOURABLE MR.JUSTICE B .PUGALENDHI

Crl.MP(MD) Nos.5823 & 6941 of 2025

in

Crl.A(MD) No.778 of 2023

Nambu Kaleeswaran ... Petitioner in

Crl.MP(MD) No.5823/2025

Selvaraj ... Petitioner in

Crl.MP(MD) No.6941/2025

Vs

1.The State of Tamilnadu,

Rep. by the Inspector of Police,

Rameswaram Town Police Station,

Ramanathapuram District.

Crime No.232/2021 ... Respondent

in both petitions

Common Prayer:- Criminal Miscellaneous Petitions filed under Section

430 of BNSS, 2023 to suspend the sentence imposed on the petitioners in

Spl.SC.No.16 of 2022, dated 23.03.2023 passed by the learned Judge, Fast

Track Mahila Court, Ramanathapuram District and enlarge them on bail

pending disposal of the appeal.

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Crl.MP(MD) Nos.5823 & 6941 of 2025

For Petitioner(s): Mr.J.Vivek

in Crl.MP(MD)No.5823/2025

: Mr.G.Karuppasamy Pandian

in Crl.MP(MD)No.6941/2025

For Respondent: Mr.A.S.Abul Kalaam Azad

Government Advocate (Crl.side)

(in both petitions)

*****

COMMON ORDER

The petitioners are Accused Nos.1 & 2 in Spl.SC.No.16 of 2022,

on the file of the Fast Track Mahila Court, Ramanathapuram. They were

charged for the offences under the Protection of Children from Sexual

Offences (POCSO) Act, 2012 [hereinafter referred to as 'POCSO Act'] that

they have sexually abused the victim boy aged about 8 years, by

compelling him to do oral sex and by inserting their private parts into

his anal rectum. The trial Court has found the petitioners guilty,

convicted and sentenced them to undergo rigorous imprisonment for a

period of twenty years, each, for the offence punishable u/s.6 r/w 5(m)

& 5(l) of POCSO Act and to pay a fine of Rs.5000/- each, in default, to

undergo simple imprisonment for one year each. As against the

conviction and sentence, the petitioners have filed a Criminal Appeal in

Crl.A(MD)No.778 of 2023 and the same was admitted by this Court.

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Along with the appeal, the petitioners have moved an application to

suspend the sentence imposed on them by the trial Court and the same

was dismissed by this Court, by order, dated 21.08.2024. These are the

second applications filed by them seeking suspension of sentence.

2.Learned Counsel for the petitioners by relying upon the

evidence of the Doctor [PW6], who treated the victim boy, submitted

that the Doctor has stated in his cross examination that there was no

injury in the anal rectum and the mouth of the victim boy. As such, the

case of the prosecution has not been proved medically and therefore,

prayed for suspending the sentence.

3.Learned Government Advocate (Crl.side) appearing for the

respondent disputed the same and submitted that though the Doctor has

deposed in his cross examination that there was no injury in the mouth

and anal rectum of the victim boy, he has clearly deposed in his chief

examination that he found injuries in the mouth and anal rectum of the

victim boy.

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4.Heard the submissions made by the respective learned

Counsel and also perused the materials placed on record.

5.The petitioners have been convicted for the offences under

Section 6 r/w 5(m) and 5(1) of POCSO Act, 2012, for sexually abusing

the victim boy, aged about 8 years, by compelling him to have oral sex

and by inserting their private parts into the child's anal rectum. The

victim boy has given a statement under Section 164 CrPC before the

learned Magistrate as to the manner in which he was subjected to sexual

assault, and has reiterated the same before the trial Court in his

evidence.

6.While considering these applications for suspension of

sentence, this Court noticed an apparent inconsistency in the evidence of

PW6, the Doctor who examined the victim. In his chief examination,

PW6 deposed that the victim had sustained injuries. However, during

cross-examination, he stated that no such injuries were found. The

Wound Certificate [Ex.P6], though recording that "there was evidence

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suggestive of sexual act", did not describe the nature of injuries. Since

this contradiction was taken as a ground by the petitioners for

suspending their sentence, this Court found it appropriate to call upon

the concerned Doctor, one Dr.Feroz Khan, Assistant Surgeon,

Government Medical College Hospital, Ramanathapuram, to appear and

clarify the position before considering the request for suspension of

sentence.

7.Pursuant to the directions issued by this Court, Dr.Feroz

Khan appeared before this Court along with the original medical

records. On examining the case sheet and the Accident Register, this

Court found that the injuries in the anal rectum of the victim had in fact

been noticed at the time of examination and duly recorded. The Doctor

explained that the initial examination had been conducted by another

medical officer, and that all the injuries were entered in the hospital

records. It thus became evident that while the original medical records

reflected the relevant findings, the same had not found a proper place in

the Wound Certificate [Ex.P6], giving rise to the inconsistency noticed by

this Court. In view of this explanation and the medical records

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produced, the grounds canvassed by the petitioners for suspending the

sentence lack merit, and these petitions are accordingly dismissed.

8.The matter, however, does not rest there. Considering the

manner in which the inconsistency had surfaced, this Court afforded the

Doctor an opportunity to explain the circumstances under which such

contradiction had arisen.

9.Accordingly, the Doctor has filed an affidavit placing on

record his explanation. He has stated that on the date of his deposition

before the trial Court, he was required to depose in two other criminal

cases and was attending to an emergency surgery at the hospital.

According to him, during cross-examination, he inadvertently gave an

incorrect answer to a question and, owing to the pressure of his official

duties, failed to notice the error when his deposition was recorded. He

has further stated that the hospital medical records correctly reflect the

injuries noticed during the examination of the victim and that the

inconsistency in his oral evidence was wholly unintentional and has

tendered his unconditional apology to this Court.

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10.In the light of this explanation offered by the Doctor, this

Court finds it appropriate to reiterate the importance of medical

evidence, particularly in offences under the POCSO Act and the vital

role played by medical professionals testifying in such cases as experts.

11.Medical evidence is of two kinds, viz., (1) documentary

evidence, in the form of medical certificates and medico-legal reports,

and (2) oral evidence, in the form of the expert's testimony before the

Court. Such evidence carries great corroborative value in criminal trials

as it shows that the injuries could have been caused in the manner

alleged, so that the prosecution case being consistent with matters

verifiable by medical science, the evidence of the witnesses need not be

disbelieved. It also has great value for the defence, which can make use

of the same to prove that the injuries could not possibly have been

caused in the manner alleged by the prosecution and by doing so, the

case of the prosecution can be discredited. Therefore, it is the key

evidence that could determine the guilt or innocence of the accused

person.

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12.The medical practitioner / Doctor is an expert under Section

45 of the Indian Evidence Act. In Madan Gopal Kakkad v. Naval Dubey

and Another [(1992) SCC (3) 204], the Hon’ble Supreme Court has held

that the expert witness is expected to enlighten the Court on the

technical aspects of the case and that once the expert’s opinion is

accepted, it is not only the opinion of the medical officer but also of the

Court.

13.A Division Bench of this Court in RM.Arun Swaminathan v.

The Principal Secretary to the Government, Health and Family Welfare

Department [WP.(MD)No.78 of 2019, dated 28.09.2020] has observed

that the evidence given by Doctors based on medical documents, such

as, post-mortem reports, plays a vital role in deciding criminal cases as

they are the experts in the field. The relevant portions are extracted

hereunder for reference:

“15. ... ... ... The post-mortem certificate is very

important to decide the cause of death, the injuries found on the

body and whether any poisoning is there or not. It is very

important for criminal justice delivery system. The evidence of

doctors based on post-mortem certificates play a vital role

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in deciding criminal cases, especially murder cases,

suicides and assaults. The Courts usually take the

Doctors’ opinion / evidence as gospel truth as they are the

best persons or experts in the field and based on their

evidence only, the cases are decided ...”

14.Insofar as cases under the POCSO Act is concerned, the

medical evidence assumes even greater significance, since child victims

may struggle to report facts accurately or to withstand hostile cross-

examination, and the possibility of tutoring cannot be ruled out.

Considering the importance of medical evidence in such cases, Section 27

of the POCSO Act mandates medical examination of a child, in respect of

whom any offence is alleged to have been committed under the POCSO

Act, irrespective of whether an FIR or complaint has been registered. The

Doctor's opinion thus plays a crucial role in explaining the injuries, if

any, found on the child; whether such injuries are consistent with the

history furnished; whether they are suggestive of sexual assault; the

relevance of biological and forensic samples collected during

examination and the interpretation of laboratory reports, including DNA

and serological findings. In fact, the testimony provided by the medical

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experts play a significant role in determining the guilt or innocence of

the accused in such cases.

15.In State of Maharashtra v. Maroti [(2023) 4 SCC 298], the

Hon'ble Supreme Court has observed that medical examination of the

victim provides many vital clues in cases under the POCSO Act and that

medical evidence has much corroborative value in cases relating to

sexual offences. The relevant portions are extracted hereunder for

reference:-

“15.Prompt and proper reporting of the commission of

offence under the POCSO Act is of utmost importance and we

have no hesitation to state that its failure on coming to know

about the commission of any offence thereunder would defeat the

very purpose and object of the Act. We say so taking into

account the various provisions thereunder. Medical

examination of the victim as also the accused would give

many important clues in a case that falls under the

POCSO Act. ... ... ... We refer to the aforesaid provisions only

to stress upon the fact that a prompt reporting of the commission

of an offence under POCSO Act would enable immediate

examination of the victim concerned and at the same time, if it

was committed by an unknown person, it would also enable the

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investigating agency to commence investigation without

wasting time and ultimately to secure the arrest and medical

examination of the culprit. There can be no two views that in

relation to sexual offences medical evidence has much

corroborative value.”

16.As provided in Modi's Textbook on Medical Jurisprudence and

Toxicology, the objective of medical evidence is to assist the Court in

discovering the truth. A medical expert is expected to state the truth, the

whole truth and nothing but the truth, irrespective of whether such

evidence ultimately supports the prosecution or the defence. The

evidence tendered by an expert must be relevant, reliable, clear, honest

and impartial. As far as possible, they should provide a definite opinion

with reasons and should avoid sitting on the fence.

17.An expert witness occupies a position of trust. The privilege

of assisting the Court carries with it a corresponding responsibility to

provide objective, accurate and consistent testimony before the Court.

Even an inadvertent lapse by the medical expert while testifying creates

avoidable confusion, prolong judicial proceedings and also affects the

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rights of either the victim or the accused. Therefore, the medical

professionals who appear before Courts as expert witnesses must

exercise a high degree of care while giving evidence.

18.Equally important is the duty to carefully read and verify the

deposition before affixing their signature so as to ensure that it correctly

records the evidence actually tendered before the Court. In fact, as per

Modi's Textbook on Medical Jurisprudence and Toxicology, before attending

the Court to be subjected to examination-in-chief and cross-examination,

the medical witness must go through the medico legal reports etc,

prepared by him so that he may not commit mistakes during his cross

examination. Even during his examination in chief or cross examination,

the medical expert, as a witness of the Court, has a right to refresh his

memory under Section 159 of the Indian Evidence Act and wherever

required, the medical witness must refresh his memory by perusing the

relevant reports etc. prepared by him.

19.It is relevant to note that, under the provisions of the Indian

Medical Council Act, only the registered medical practitioners are

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entitled to render medical opinion before a Court of law. Medical

professionals must, therefore, recognise that their professional

responsibilities do not end with the treatment of patients or the

performance of medical procedures. The duty to assist the Court is an

integral part of their professional obligations. Such assistance is not a

matter of discretion or favour, but a statutory and professional duty.

20.The criminal justice system functions on the basis that expert

witnesses discharge their responsibility with due care and diligence and

that their testimony faithfully reflects the findings recorded by them.

Had the concerned Doctor exercised the care expected of a medical

expert while giving evidence and verified the correctness of the

deposition before affirming it, the discrepancy as noted supra would

never have arisen in this case. The manner in which the evidence was

provided and the explanation provided by the concerned Doctor reflects

a lack of diligence and carelessness in the discharge of an important

professional obligation.

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21.This Court also notices that the Wound Certificate in the

present case falls short of what is required. It does not specify the extent

or nature of the injuries, the kind of examination conducted, or the

manner in which the conclusion was arrived at. Clarity emerged only

upon perusal of the Case Sheet and Accident Register, neither of which

had been marked as exhibits before the trial Court. As stated in Modi's

Textbook on Medical Jurisprudence and Toxicology, utmost care is expected

in the preparation of such documents, which must record both the facts

observed and the conclusions drawn therefrom.

22.It is relevant to note that the Ministry of Health and Family

Welfare, as a part of the Guidelines and Protocols for Medico-Legal Care

for Survivors of Sexual Violence, has issued a revised proforma for

Medico-Legal Examination of Survivors / Victims of Sexual Violence in

the year 2014 itself. The same was issued, in order to standardize the

medical examination protocols for the survivors / victims of Sexual

violence. There is a checklist provided in this proforma, according to

which, the type of examination carried out and the nature of injuries has

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to be specified by the medical professional, before arriving at a medical

opinion.

23.As noted supra, the medical evidence serves as vital

corroborative evidence, which would help in establishing the guilt or

innocence of the Accused person. Therefore, the medico-legal

documents, such as the Would Certificate and Accident Registers should

be clear, legible and understandable. The possibility of issuing such

documents in typed format can be considered, so that there is no

ambiguity regarding the medical opinion in such documents. Further,

this Court is of the opinion that the usage of the revised proforma issued

by the Ministry of Health and Family Welfare should be made

mandatory in cases involving sexual violence, including cases under the

POCSO Act and the same must form a part of the Accident Register and

should be marked as an exhibit before the trial Court. This would enable

the trial Courts to fully understand and consider the medical evidence

available in each case.

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24.Accordingly, the Secretary to Government, Health and

Family Welfare Department, Government of Tamil Nadu; and the

Director of Medical Education are directed to issue a comprehensive

circular / guidelines to all Government Medical Colleges, Government

Hospitals, District Headquarters Hospitals, Primary Health Centres and

other Government health care institutions in the State. The circular shall

comprehensively deal with the duties and responsibilities of

Government medical professionals while acting as expert witnesses

before Courts and shall include appropriate instructions regarding:

(i)the ethical standards expected of every expert

witness, including the principles stated in Modi's Textbook on

Medical Jurisprudence and Toxicology that medical evidence is

intended to assist the Court in discovering the truth and that

every medical witness is expected to depose objectively,

honestly and impartially;

(ii)the necessity of ensuring that Accident Registers,

Wound Certificates, Medico-Legal Reports and all other

medico-legal records accurately record the clinical findings and

professional opinion formed at the time of examination;

(iii)the importance of making entries in Accident

Registers, Wound Certificates and all medico-legal records in a

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clear, legible and unambiguous manner, avoiding illegible

handwriting, unexplained abbreviations and ambiguous

expressions. Wherever the existing infrastructure permits, such

records may be generated in a typed or computer-generated

format so that they are readily comprehensible to investigating

agencies, prosecutors, defence counsel and Courts alike;

(iv)the necessity of preparing the revised proforma for

Medico-Legal Examination of Survivors/ Victims of Sexual

Violence issued by the Ministry of Health and Family Welfare,

in cases involving sexual violence, including cases under the

POCSO Act;

(v)the necessity of familiarising themselves with the

relevant medical records before entering the witness box and of

deposing strictly in accordance with those records and their

professional opinion;

(vi)the need to carefully understand every question

put during examination and cross-examination and, wherever

any ambiguity exists, to seek appropriate clarification before

answering and

(vii)the importance of carefully reading and verifying

the deposition before signing the same and immediately

bringing to the notice of the Court any omission or inadvertent

error noticed therein;

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25.The directions issued herein are intended to strengthen the

quality of medical evidence provided before Courts, reinforce the

confidence reposed by Courts in expert witnesses and minimise the

possibility of recurrence of situations such as the one encountered in the

present case. The efficacy of the justice delivery system depends, to a

considerable extent, upon the credibility of expert evidence. It is,

therefore, imperative that every medical professional entrusted with this

responsibility discharges it with the highest standards of competence,

objectivity and professional integrity.

With the above directions, these criminal miscellaneous

petitions stand dismissed.

Index: Yes / No 19.08.2026

NCC : Yes / No

gk

Note:

Mark a copy of this order to

1.The Secretary to Government,

Health and Family Welfare Department,

State of Tamil Nadu,

Secretariat, Chennai.

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2.The Director of Medical Education,

Directorate of Medical Education,

Chennai.

To

1.The Judge,

Fast Track Mahila Court,

Ramanathapuram.

2.The Inspector of Police,

Rameswaram Town Police Station,

Ramanathapuram District.

3.The Additional Public Prosecutor,

Madurai Bench of Madras High Court,

Madurai.

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B.PUGALENDHI, J.,

gk

Crl.MP(MD) Nos.5823 & 6941 of 2025

in

Crl.A(MD) No.778 of 2023

19.08.2026

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