Expert Witnesses

Expert Witnesses
The law identifies expert witnesses as a separate position from a fact witness or an eye
witness. He serves as an advisory character.6 The expert witness has duty to furnish the judge
with necessary scientific criteria for testing the accuracy of the conclusions so as to enable
the Judge to form his Independent judgement through the application of the criteria to the
facts of the case. The credibility of the witness is dependent upon the reasons stated in
support of the conclusions and he data and material he furnishes for his conclusions. The
evidence is only confirmatory or explanatory of direct or circumstantial evidence.7 Therefore,
merely because an expert has tendered an opinion while also furnishing the basis of the
opinion, without being conclusive cannot be said to have committed perjury. Hence, mere
rejection of expert evidence by itself may not also warrant initiation of proceedings under
Section 340 of CrPC.
The order under Section 340 can be appealed under Section 341 of the CrPC. Section 343 of
the CrPCprescribesprocedure to be followed while dealing with the case.

Jessica Lall murder case8
P.S Manocha, who was a ballistic expert in the case was filed under Perjury. He had to give
his opinion before a trial court that whether the bullets fired at Jessica were from which
firearm. However, a bench headed by Chief Justice T.S Thakur cleared him of charges by the
reason that it was unjust when perjury and offence under Section 193 of the IPC is attributed
to an expert witness for just changing his original stand. It was moreover stated that a definite
opinion cannot be formed in such scientific cases.

6. Ramesh Chandra Aggarwala v. Regency HospitalsIVIL APPEAL NO. 5991 OF 2002
7. Umeed Ali Khan v. Dr. (Mrs.) Sultana Ibrahim and Others
8. State v. Siddharth Vashisht @ Manu Sharma (2007) 145 PLR 42
9. SALMAN SALIM KHAN v. STATE OF MAHARASHTRA APPEAL (CR.) 572 OF 2015 (India

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