POCSO cases: HC directs TN Health Dept to issue guidelines for medical expert witnesses
Madurai: The Madurai Bench of the Madras High Court has directed the Tamil Nadu Health Department to issue detailed guidelines to government healthcare institutions on the responsibilities of doctors appearing in court as medical expert witnesses.
Justice B Pugalendhi issued the direction while dismissing petitions seeking suspension of the 12-year prison sentences awarded to two men in a 2023 POCSO case involving the sexual assault of an eight-year-old boy in Ramanathapuram.
The directive followed concerns over inconsistencies in the medical evidence presented during the trial. The examining doctor had initially recorded that the child had suffered injuries but later gave a different version during cross-examination. The court also noted that the wound certificate did not contain sufficient details.
The High Court said doctors appearing as expert witnesses have an important responsibility, as their medical findings can form a significant part of criminal proceedings, particularly in cases involving children.
According to a report by TNIE, the court said, ''All medical and legal records should accurately record the findings and professional opinion formed at the time of examination. It is important to make entries in a clear and unambiguous manner and familiarise with the medical records before entering the witness box''.
The judge further stated that medical experts must understand the questions put to them during the examination and carefully verify their depositions before signing them. Any omission or unintentional mistake noticed later should be brought to the court’s attention immediately.
The court also highlighted the importance of medical evidence in POCSO cases, noting that it can have a significant bearing on whether an accused person is convicted or acquitted.
The Health Secretary and the Director of Medical Education have therefore been asked to prepare and circulate comprehensive instructions outlining the responsibilities of medical professionals serving as expert witnesses before courts.
“It is the key evidence that could determine the guilt or innocence of the accused person and assumes even greater significance, since child victims may struggle to report facts accurately or withstand hostile cross-examination,” the court added.
