Law:

Section:

  Criminal trial-Application submitted by complainant for obtaining medical re-examination of girl-Magistrate to exercise discretion on sound judicial principles in accepting or rejecting same.   Age-Ascertaining age of girl-Examination by Radiologist and ossification test-Method for ascertaining with some degree of accuracy.   Santipada Ganguly alias Sand Pada Ganguly v. Sovatani Ganguly alias Noor Jahan Begum Criminal Revision Case No. 360 of 1959 ref. JUDGMENT   This is a Reference by Mr. M. U. Bhuiyan, Additional Sessions Judge, Faridpur recommending that the order made by Mr. M. A. Rahn3an, Sub-Divisional Magistrate Sadar, Faridpur dated 25-1-62 in G. R. Case No. 723 of 1961 rejecting an application for further medical examination of one Jyotshna Rani Saba should ae set aside.   Facts out of which the present Reference arises, shortly stated, are that one iyotshni Rani Saha, daughter of the peti tioner Jnanendra Nath Saba, is alleged to have been kidnapped by the opposite-party on the night of 19-10-61 from the custody of the petitioner. The girl when produced before the Sub-Divisional Magistrate stated that she was 18 years of age and the Sub- Divisional Magistrate, thought it necessary to have her medically examined by the Civil Surgeon, Faridpur. The Civil Surgeon, it appears from his report, examined the girl with her consent and expressed his opinion to she effect that she was about 18 years of age. The father of the girl submitted a petition on that very day for examination of the girl by a Medical Board at Dacca alleging that the Civil Surgeon of Faridpur was under the influence of the opposite-party.   The learned Magistrate disposed of the application in the following terms by his order dated 25-1-62:   "Seen the petition submitted by the prosecution. In the fact and the report submitted by the Civil Surgeon, I do not consider it necessary to refer the matter to Medical Board."   There is no indication of the application of mind of the Magistrate to the allegation made against the Civil Surgeon or the ground on which he rejected the application nor the Magis trate has given any indication in the…