SHIV RAY Vs. STATE

JUDGEMENT

(1.) THIS application under Section 432 Cr. P. C. has arisen in the following circumstances:

(2.) THE petitioners are doctors, who were on duty in the Jawahar Lal Nehru Hospital, Ajmer, on the night intervening 24th and 25th February, 1973. It was alleged that they committed rape upon Miss Francis Anthony who was a trainee nurse aged 20 years. The police after investigation challaned the case on 13-9-73 under Section 354 IPC because they found that no case either under Section 376 or 342 IPC was made out. During the trial under Section 354 I. P. C. Miss Francis Anthony was examined in the court of the Magistrate, Ajmer on 20-8-75. She maintained that she was ravished by the accused. When her examinalion-in-chief was still going on, the A. P. P. submitted to the court that the case was under Section 376 IPC and therefore, the court could not proceed with the trial and could instead commit the case to the court of session for trial. The trial magistrate committed the case to the court of session by his order dated 20-8-75. The learned Additional Sessions Judge, Ajmer framed charges under Sections 376 and 347 IPC against the accused on 29-8-75.

(3.) BY this application the petitioners pray that the order of commitment and the charges framed by the sessions judge be quashed and the lower court be directed to proceed with the trial under Section 354 IPC only. It was pointed out that upon medical examination, the girl was found to be virgin as her hymen had not ruptured and further that the clothes of the girl and the accused except the bed sheet were found negative for semen and spermatozoa. The swab of Miss Francis Anthony were also reported to be negative for semen and spermatozoa.