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AMINUL ISLAM V. STATE OF WEST BENGAL

Aminul Islam v. State of West Bengal, 2022 SCC OnLine Cal 1272

ISSUE:

  • Whether ocular evidence takes precedence over medical evidence in cases of contradiction?

RULE:

  • When there is a discrepancy between ocular and medical evidence, ocular testimony shall prevail because the medical evidence is in the nature of an expert’s opinion.

FACTS:

  • Aminul Islam was accused for assault under Section 324 IPC for assaulting Serajuddin Ahmed on 6th August 2016.
  • A complaint by Serajuddin’s brother alleged that Aminul and others wrongfully restrained and assaulted him with a Hasua and iron rods, causing serious injuries.
  • Eyewitnesses testified that Aminul attacked Serajuddin with a Hasua.
  • Aminul argued that the medical report, showing a lacerated wound (4 cm), contradicted the claim of an incised wound from a Hasua.
  • The Trial Court convicted Aminul, leading him to appeal.

HELD:

  • Calcutta High Court acquitted the appellant and set aside trial court’s judgment.
  • The Court also observed that the medical report’s lacerated wound did not match the incised wound expected from a Hasua.
  • Therefore, the Court concluded that the prosecution failed to establish a direct link between the appellant and the injury sustained by the victim.