- (1.) The present petition has been filed under Section 401 read with Section 482 of the Code of Criminal Procedure praying that the order dated 11th August, 2012 passed by the Additional District & Sessions Judge, Fast Track, 5th Court at Barasat, 24 Parganas whereby he allowed the application filed by the prosecution to place on record medical legal report of the prosecutrix and the accused under Section 294 of the Code of Criminal Procedure, be set aside.
(2.) Briefly stated the case of the prosecution is that on 2nd May, 1988 the complainant made a report that her daughter (name withheld to protect her identity) (hereinafter called prosecutrix) was raped by the accused, who had extended her promise to marry. It is stated that the prosecutrix became pregnant later. On the complaint made by the complainant, the complaint case under Section 376 of the Indian Penal Code was registered against the petitioner. During the course of investigation prosecutrix and the petitioner were medically examined by Dr. A. Bose. Dr. A. Bose had to depose on the basis of the medical legal report regarding the medical condition of the prosecutrix. Furthermore, he had also to depose whether the accused was capable to perform sexual intercourse or not. Various opportunities were given to the prosecution to examine. Dr. A. Bose who was not available; resultantly an application was filed by the Public Prosecutor under Section 294 of the Code of Criminal Procedure praying that the medical legal report of the prosecutrix and the accused be taken in evidence as admitted document.
(3.) Section 294 of the Code of Criminal Procedure read as under : (1) Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused, as the case may be, or the pleader for the prosecution or the accused, if any, shall be catted upon to admit or deny the genuineness of each such document. (2) The list of documents' shall be in such form as may be prescribed by the State Government. (3) Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under this Code without proof of the signature of the person to whom it purports to be signed : Provided that the Court may, in its discretion, require such signature to be proved.";