228.
Deposition of Medical Witness.
(1)
The evidence of any physician of the New Sudan Civil Authority taken on oath
before a Magistrate in the presence of the accused may be read in evidence in any
inquiry trial or other proceedings under this Code although he is not called as a
witness.
(2) The Court may if it thinks fit summon such physician to appear before it as a witness.
(3) A written report by any such physician may at the discretion of the Magistrate or
Court be admitted in evidence for the purpose of providing the nature of any injuries
received by and the physical cause of the death of any person who has been examined
by him; provided that on the admission of such report the same shall be read over to
the accused and he shall be asked whether he disagrees with any statement therein
and any such disagreement shall be recorded by the Court and provided further that if
by reason of any such disagreement or otherwise it appears desirable for the ends of
justice that such physician shall attend and give evidence in person the Magistrate or
Court shall summon such physician to appear as a witness.
229.
Report of Scientific Expert.
Any document purporting to be a report under the hand of any expert in bacteriology,
physiology, biology, pathology, chemistry or other branch of scientific knowledge in the
service of the New Sudan Civil Authority upon any matter or thing duly submitted by
him for examination or analysis and report in the course of any proceedings under this
Code may be used as evidence in any inquiry, trial or other proceeding under this Code.
230.
Record of Evidence in the Absence of Absconding Accused.
If it is proved that an accused person has absconded and that there is no immediate
prospect of arresting him, the Court competent to try or commit for trial such person for
the offence alleged may in his absence examine any witnesses produced on behalf of the
prosecution and record their depositions. Any such deposition may on the arrest of such
person be given in evidence against him at the inquiry into or trial for the offence with
which he is charged if the deponent is dead or incapable of giving evidence or his
attendance cannot be procured without an amount of delay, expense or inconvenience
which in the circumstances of the case would be unreasonable.
231.
Record of Evidence when Offender is Unknown.
If it appears that an offence punishable with death or imprisonment for ten years and
upwards has been committed by unknown person or persons, any Magistrate of the first
class may hold an inquiry and examine any witness who can give evidence concerning
the offence. Any depositions so taken may be given in evidence against any person who
is subsequently accused of the offence if the deponent is dead or incapable of giving
evidence or beyond the limits of the New Sudan.
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