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Report No. 84

II Examination of The Accused

4.5. Provision in the Code-Need for timely examination.-

The Code of Criminal Procedure has, in section 53, a general provision on the subject of medical examination of the accused in all cases where such examination would afford evidence of commission of offence.1

It is, however, seen that the report of the medical examination is often cursory, or is not sent in time, in cases of rape or attempt to commit rape. In a recent Calcutta case,2 the High Court was constrained to observe-

"It is also striking that the appellant, though arrested on that very night (9th May) was not produced before Dr. Pal (P.W. 11) who examined P.Ws. 1 and 10 on 10-5-1970."

1. Section 53, Cr. P.C., 1973.

2. Narayan Dutta v. State, 1980 Cr 14 264, paras. 1-2 (March 1980) (Cal).

Rape and Allied Offences - Some Questions of Substantive Law, Procedire and Evidence Back

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