IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18910 of 2000 BIBI JUMNI Versus STATE OF BIHAR & ANR ----------- 3. 24.6.2010. None appears on repeated calls. I have heard the learned A.P.P. for the State. The petitioner filed the complaint against Opposite Party no.2 alleging that he committed rape on 9.8.1998 upon her while she was cooking her meals in the evening. The witnesses examined during the course of enquiry supported the allegations, but learned C.J.M., Purnea dismissed the petition of complaint merely because the complainant had admitted that she was not examined by the doctor. No medical report, as such, was produced before the court of enquiry. This ground has been mentioned by the learned C.J.M. in paragraph 3 of his order. This court has some other views in the matters in the light of the settled law that the evidence of the prosecutrix in a case of sexual assault need not be supported by the evidence of doctor. The court feels that there was sufficient ground for proceeding upon the complainant by the learned C.J.M., Purnea and he appears falling in error in dismissing the - 2 - complaint by giving a reason which cannot be legally accepted. In the result, this petition succeeds the order dated 8.5.2000 passed in C.A.No.856 of 1998 is hereby quashed. The court below is directed to hold further enquiry in the matter. B.Kr. ( Dharnidhar Jha, J. )