Updated on 19 Aug 2021, 6:04 pm
Special Judge (POCSO), Imphal West on Wednesday rejected the bail application of one accused in the alleged gang-rape of a minor girl at Mayang Imphal in 2020, Faij alias Md Muhammad, stating that the report and findings recorded by jail doctor were not based on the medical records.
The accused filed bail application on medical grounds, stating that he was suffering from many ailments.
The accused was arrested on October 4, 2020 by the personnel of Mayang Imphal Police Station on the allegation that one Md Muhammad was named in the FIR case. The previous bail application filed on medical ground was rejected by the court on April 28, 2021.
The court had directed the superintendent, MCJ, Sajiwa to submit a medical status report of the accused.
The court, on examination of the medical records filed by the accused along with the present bail application, found that the accused had been suffering from gastric problems but investigation reports did not suggest any major ailments. It was also found that the report and findings recorded by the jail doctor were not based on the medical records of the accused. Therefore, the court rejected the bail application.
The court drew the attention of the director general of prisons with respect to the medical reports submitted by jail doctors. It stated that the medical reports from jails are usually found to be submitted in routine manner without proper verification of the treatment record of the inmates.
It observed that opinion is generally given for treatment outside jail as the facilities in MI Room are insufficient. It also stated that such reports are submitted in cases involving heinous offences such as murder, rape, sedition, etc.
In order to verify the medical report submitted from jails, such reports are sent to the State Medical Board for confirmation, but due to the pandemic, there is difficulty in sending the matter to the Board for confirmation, the court stated. Otherwise, the Board is not constituted for this purpose and such request is an extra burden on it, the court added.
Mentioning that another method of verification of jail medical report is examination of issuing doctor on oath before the court, it further stated that this is also not practicable during the pandemic where court proceedings are done virtually.
It further observed that all these extra efforts for verification of jail medical reports are not necessary, if true and verified reports are submitted to courts.
Doubting jail medical certificates casts a negative image which can be avoided, it stated. Accordingly, the director general of prisons, Manipur is requested to formulate a mechanism for submitting true and authenticated medical reports of the inmates to the courts so that the extra efforts at court's end may be avoided, it added.