KUMARI MERCY I B CLIVE Vs. STATE

JUDGEMENT

(1.) This is an application under Section 561-A, Cr. P. C., by Dr. Kumari Mercy I. B. Clive for an order expunging from the judgment of the trial Court as well as from the appellate judgment of this Court, certain remarks which tend to reflect adversely on the character of the applicant, as a public servant.

(2.) The facts giving rise to the application are these: One Gajadhar made a report at Police Station Gahmar, Distt. Ghazipur, alleging that his daughter Kumari Tulsi Devi aged 9/10 years had been raped by one Kawal Bas on the 13th of August 1956 between 3 and 4 p.m. After record-Ing the report the Station Officer sent the girl in the company of Constable Moinuddin for medical examination to the Dufferin Women's Hospital, Ghazipur, on the 14th of August, 1956. The applicant was at that time the Lady Doctor in charge of Dufferin Women's Hospital. She examined the girl and handed over her report Ex. Kha-14 to the Constable. The girl was, however, not sent with the constable and was admitted as an indoor patient in the hospital. According to the report of the Lady Doctor she had found some streaks of blood on the thighs of tie girl but she was of the opinion that no rape had been committed on her. She did not find any rupture of the hymen nor any marks of injury on the labia majora or labia minora. She also reported that there were no marks of injury, abrasions, etc., on the private parts of the girl. She had made an 'optical examination' only and had not administered anas-thesia to the girl. The girl was detained in hospital until the 16th of August when she was handed over to her relations at the intervention of certain persons. The father of the girl was not satisfied with the examination conducted by Dr. (Kumari) Clive and he, therefore, took her to Varanasi and got her examined there by Dr. J. N. Jaiswal, Civil Surgeon, on the 19th of August, 1956. Dr. Jaiswal found, the labia majora and labia minora intact and vaginal outer orifice narrow and uncongested. He was of the opinion that nothing positive could be said about rape having been committed on the girl a week before her medical examination by him.

(3.) The relations of the girl were apparently dissatisfied with the medical examination of the girl by the Lady Doctor of Dufferin Hospital, Ghazipur and the Civil Surgeon of Varanasi and accordingly they got her again medically examined by three medical proctitioners of Ghazipur on the 27th of August 1956. The examination of these doctors revealed congestion of labia minora and three tears of hymen. They were definitely of the view that rape had been committed on the girl some 14 days before. After obtaining the report of the three private practitioners the matter was taken up with the State Government and thereupon a Medical Board composed of Dr. R. C, Srivastava, Civil Surgeon of Lucknow and Medico Legal Expert of the State Government, and Dr. B. Mendonca, Medical Superintendent, Dufferin Hospital, Lucknow was constituted to examine the girl. Accordingly on the 31st of August, 1956 they conducted her medical examination under anas-thesia and reported that the hymen of the girl was ruptured at three places. They, however, did not notice any injury on the labia majora and labia minora. According to them the rupture of hymen had taken place about 18 days before on account of the penetration of male penis.