ARUN GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The question involved in this application is whether the learned Additional Sessions Judge, Fast Track Second Court at Siliguri was justified in not taking into consideration of a document i.e. a medical paper issued by a Doctor which, if the same could have been taken into consideration, would not have entitled the learned Judge to frame charge against the petitioner.

(2.) The victim lodged a complaint with the O.C., Siliguri Police Station on 1.10.2004 to the effect that the accused Dr. Arun Kr. Gupta committed rape upon her n 30th September, 2004 when she had been to the chamber of the said doctor for her medical examination of her tumor. The police registered a case against the said Arun Kr. Gupta under Section 376(2) (d) of the Indian Penal Code and upon completion of investigation submitted charge-sheet against him under the said section of law. The case is now pending before the learned trial Court for trial. At the stage of consideration of charge before the learned trial Court a medical test report of the victim girl produced by the defence. According to the defence, the said medical test report should be taken into consideration for the purpose of consideration of charge. The learned trial Court declined to take into consideration of the said medical test report.

(3.) Mr. Milon Mukherjee, learned Advocate appearing for the petitioner submits that the 161 Cr.P.C. statement of the victim and the statement of the victim under Section 164 of the Cr.PC,'are not consistent and in such circumstances, it was incumbent on the part of the learned Judge to consider the medical test report.