IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40012 of 2009 JIBACHH LAL DEO, SON OF MAHABIR LAL DEO, RESIDENT OF VILLAGE JATUKA, P.S. MANIGACHHI, DISTRICT DARBHANGA. ----- PETITIONER Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 2 1.2.2010 This application has been filed against the order dated 15.10.2009, passed by the Additional Sessions Judge, Fast Track Court No. 2, Darbhanga in Sessions Trial No. 246 of 1989/15 of 2009 arising out of Manigachhi P.S. Case No. 38 of 1989. The petitioner has been made accused in a case under Section 376 of the Indian Penal code. In this case, the prosecutrix had been examined by the Doctor, Forensic and Medical Department, Darbhanga Medical College & Hospital. The doctor had given an opinion which is contained in annexure-2. Learned counsel for the petitioner submits that since the doctor’s opinion was that the hymen was found intact, the prosecution deliberately has not examined the doctor. An application was filed on behalf of the defence that the doctor should be examined. The Court at that stage ordered that Dasti summons should be served on the doctor. Thereafter it appears that notices were sent to the doctor. Bailable warrant of arrest was also issued asking the doctor to appear and give evidence and finally the evidence was closed on 19.3.2004. After a gap of several years, again an application has been filed that the doctor should be summoned by the Court as the petitioner would be prejudiced by his non-examination. The Court had allowed the application, and all 2 possible steps were taken by the Court to get the doctor examined and in fact the prosecution was not able to produce the doctor despite all efforts made on behalf of the Court. Medical evidence in a case of this nature is important. The court should get the medical report exhibited and duly proved or else the petitioner would obviously be entitled to take whatever benefit he can get by non-examination of the doctor. This application is disposed of with the aforesaid observations Sanjay (Sheema Ali Khan, J.)