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. 77

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