Sarjoo Prasad, J.

1. The petnr in this case has moved against an order of the Dist Mag of Champa-ran directing the commitment of the petnr accused for trial before the Ct of sessions for a charge under Sec.376, I. P. C. The Dist Mag: has passed the order of commitment after setting aside an order of discharge passed by Mr. A. A. Khan, Mag of the First Class, Bettiah, who held an enquiry under Chapter XVIII of Cr. P. C.

2. The allegation against the petnr is that on 20-9-1949, at about 9 a.m. he committed rape upon the complainant Mt. Kaushalya. This occurrence took place in village Telpore about eight miles off from police station Laurya & twenty-two miles away from the Sub-division of Bettiah. The complaint was lodged by the girl on 21-9-1949, in Ct, which the Sub-divisional Mag referred for investigation to the local police without taking any steps to have the girl examined by a medical officer. The Sub-Inspector of Police received the order on 27-9-1949 when he recorded a first information & proceeded to investigate the case. The medical examination of the girl actually took place on 1-10-1949 almost ten days after the occurrence. The evidence of the doctor is that the g