Law: Evidence Act (I of 1871)

Section: 45

Law: Criminal Procedure Code (V of 1898)

Section: 497,498

(a) Evidence Act (I of 1871),   S. 45-Medical evidence--- Medical report inadmissible in evidence-May be used by medical witness to refresh memory.   (b) Criminal Procedure Code (V of 1898)   Ss. 497 & 498--- Order of Sessions Judge granting or refusing bail not to be lightly interfered with.   JUDGMENT   The petitioner Gulzaruddin Ahmad alias Gulzar Gazi challenges an order made by Mr. A. S. Md. Rashed, Sessions Judge of Khulna on the 6th June 1964 cancelling an order of granting him bail by the Sub-Divisional Magistrate, Khulna on 22nd May 1964 and prays for enlarging him on bail.   The petitioner is the Chairman of Chandkhali Union Council and is being prosecuted for an offence under section 376 of the Pakistan Penal Code. It is alleged in the complaint lodged by one Mazeda Khatun in the Court of the Sub-Divisional Magistrate, Khulna on the 16th May 1962 that she is a refugee girl from India and has been given shelter at the seed godown at Chandkhali and the accused made an immoral proposal to her but was refused. On her refusal, the accused-petitioner entered the godown at night on the 14th May 1964, gagged her, pressed cloth into her mouth, dragged her out and committed rape on her. After she cried out removing cloth from her mouth, the accused injured her with the end of a revolver and her brother who came to her rescue was threatened with the revolver.   The prosecutrix was then examined on solemn affirmation by the Magistrate who issued warrant of arrest against the accused -petitioner under section 376 of the Code. The accused surrendered before him on 22-5-64 and was granted bail on the same day.   The prosecutrix filed a petition before the learned Sessions Judge stating, inter alia, that "she was originally a resident of Gobardanga P. S. Habra in West Bengal and that during the last communal disturbances, the petitioner alongwith old father, one brother and one minor sister came to Pakistan as refugee for safety of "Izzat", life and property and secured registered refugee card."   It is further stated therein that she was ultimately sent by the local administration with her father…