finally something for the doctors... "DOCTORS VS JUDGES":

[GANESH65]

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[FONT=wf_segoe-ui_normal]This message I got on whatsapp. found worth sharing.

finally something for the doctors...[/FONT]
[FONT=wf_segoe-ui_normal]Dr Ramesh Ganesan asked a medico legal question
DO NOT IGNORE.[/FONT]
[FONT=wf_segoe-ui_normal]"DOCTORS VS JUDGES":[/FONT]
[FONT=wf_segoe-ui_normal]Judiciary should also come under CPA (Consumer Protection Act).[/FONT]
[FONT=wf_segoe-ui_normal]"Every body must READ and SHARE this article. [/FONT]
[FONT=wf_segoe-ui_normal]--In the Salman Khan hit and run case the LOWER court judge and the HIGH court judge had the SAME pieces of EVIDENCE to deal with.[/FONT]
[FONT=wf_segoe-ui_normal]--They also had the SAME Indian LAW to abide by and most probably they had similar education qualifications too.[/FONT]
[FONT=wf_segoe-ui_normal]--Yet they INTERPRETED the situation in absolutely CONTRASTING manner and gave verdicts which are poles apart.[/FONT]
[FONT=wf_segoe-ui_normal]--Just imagine what would have happened if a YOUNG doctor sitting in a GOVERNMENT hospital doctor catering to hundreds of patients in a day had diagnosed a celebrity patient presenting with gastric discomfort as GASTRITIS and another hospital had LATER on diagnosed that patient to be having a MYOCARDIAL INFARCTION. I am sure that doctor would have been screwed and jailed.[/FONT]
[FONT=wf_segoe-ui_normal]--A JUDGE gets YEARS to decide on a case
unlike a DOCTOR who is expected to diagnose and treat everything in the BLINK of an eye.[/FONT]
[FONT=wf_segoe-ui_normal]--If a doctor making a wrong diagnosis can be prosecuted shouldn't a judge giving wrong verdicts meet the same fate?[/FONT]
[FONT=wf_segoe-ui_normal]--If hospitals can be sued for not admitting poor patients shouldn't the courts be prosecuted for having lacs of impending cases?[/FONT]
[FONT=wf_segoe-ui_normal]--Is it not appalling that a judge taking 12 years to give a wrong verdict gets away unhurt and a doctor making one mistake is screwed by our legal system?[/FONT]
[FONT=wf_segoe-ui_normal]--Doctors practice medicine which is more of an art than an exact science whereas law is absolutely 100% manmade, yet doctors are expected to be right on all occasions.[/FONT]
[FONT=wf_segoe-ui_normal]--If doctors and hospitals have a duty towards the society then does the judiciary not have a responsibility towards the socitey.[/FONT]
[FONT=wf_segoe-ui_normal]--If there is so much of hue and cry in media about doctors and hospitals charging huge sums from patients then why do we not ever hear a word on the fee that lawyers like Manu singhvi and Jethmalani charge for their court appearances.[/FONT]
[FONT=wf_segoe-ui_normal]--Government often talks about putting a capping on the fees doctors charge for various procedures but their is no talk of putting a capping on the fee that these lawyers charge to get justice for their clients.[/FONT]
[FONT=wf_segoe-ui_normal]--If health is a citizen's right then so is justice. Shall we take our minds off worshipping false heroes & think?[/FONT]
[FONT=wf_segoe-ui_normal]*JUDICIARY SHOULD ALSO COME UNDER CPA (CONSUMER PROTECTION ACT)*[/FONT]

 

[GANESH65]

I think I have expressed this doubt earlier also in this forum. Is there any difference in application of law in a lower court and a higher court. How come the decision of a lower court gets changed when it goes to a higher court when the convict, the prosecutor, and the law under which he is prosecuted remains the same. Never understood this till date...

 

[athimber]

point to be noted..

 

[auh]

Maybe any lawyer who is a member here can throw more light, but in general, this is what I found on the net:

CRIMINAL CASES


An appeal can be filed against any judgement, final order or sentence of a High Court in a criminal proceeding in following situations.

1. Firstly, if the concerned High Court has an appeal reversed an order of acquittal of an accused person and sentenced him to death. Imprisonment for life as to imprisonment for a period of not less than ten years.
2. Secondly, if the High Court has withdrawn for trial before itself any case from any of its subordinate courts and in such trial has convicted the accused person and sentenced him to death or to the imprisonment for life or for a period of not less than ten years.
3. Thirdly, if the High Court certifies that the case is a fit one for appeal to the Supreme Court.
4. Lastly, a person convicted on a trial held by the High Court in its extraordinary original criminal jurisdiction can also appeal to the Supreme Court.
5. However no appeal can be filed by a convicted person if the sentence, passed against him by the HC does not exceed the term of 6 months as fine not exceeding 1000 as both such imprisonment and fine.
6. The criminal appeal can be filed if the High Court disregarded or misapplied the established principles of criminal law

http://www.helplinelaw.com/civil-litigation-and-others/SHCI/appeals.html

Some details of the case here:

http://www.firstpost.com/bollywood/...-the-salman-khan-hit-and-run-case-649898.html

We can only understand only when the full details of the charge, the evidence/witness to the charge and the arguments that clinch the charge are known. The charge should also be proven without doubt.

If there is any ambiguity in any of the areas, it is scope for "play".

But the whatsapp message in the OP is misleading. In this case, there were witnesses who changed their statement; so it is clear that it was not the same "evidence".

 

[athimber]

Point no.3 is a bit confusing. How can High court pass a decision and also feel the same is fit to be contested in Supreme Court? Perhaps provisions in law are difficult to understand.