HARUN RASHID ALIAS HAROUN AL RASHID Vs. STATE

JUDGEMENT

(1.) This Rule was issued upon an application for Revision made in this Court on behalf of the two accused persons who have been prosecuted for, an alleged offence under Section 366/ 34 of the Indian Penal Code. The charge-sheet was submitted by police on March 2, 1960 against three persons but one of them has remained absconding and an enquiry under Chapter XVIII. Code of Criminal Procedure was being proceeded with against the Petitioners. Copies of some documents including copy of the report of the Radiologist were given to the accused persons under Section 173(4) of the Code of Criminal Procedure and that fact was noted in the order-sheet on April 28, 1960. Examination of witnesses commenced on May 27, 1960. On May 30, 1960, Radiologist of Calcutta Police Hospital was examined as P.W. 4 and he proved that X' ray photograph of the girl was taken and the X' ray plates were proved as Exts. I and II. On the same date Dr. S.K. Roy, the Professor of Forensic and State Medicine of Calcutta Medical College was examined as P.W. 5 and he deposed to his opinion about the age of the girl and mentioned as reasons in support of his opinion the particulars with reference to what appeared from the X' ray plate.

(2.) He said:

(3.) Against that order the Revision application under Sections. 439 and 561A, Code of Criminal Procedure, was moved in this Court and a Rule issued and further proceedings in the enquiry was stayed.