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Although counsel for the petitioner has relied upon the judgment of this Court rendered in Gokha Singh's case(Supra), however, this Court finds that the present case is distinguishable on the facts of the present case. In the case of Gokha Singh's case(supra), there was no X-ray done at all. However, the treating doctor who opined about fracture on the basis of physical symptoms was very much produced before the Court. The said doctor had duly proved the fracture as mentioned in his report and still 6 of 7 CRR-1593-2015(O&M) -7- he was not even cross-examined by the defense. Therefore, the version regarding the offence was treated by this Court as uncontested In the present case the X-Ray was done and report was prepared by a doctor. However, the doctor, as well as, his X-Ray report has been with held by the prosecution. Otherwise also, there is no provision under either Evidence Act or under Code of Criminal Procedure(Cr.P.C.) to make the statement of a witness; made before the Court as absolute conclusive evidence of a fact, even if he happens to be an expert. Although Section 293 Cr.P.C provides that the Court can use the report of a government expert as an evidence, however, even that evidence is made subject to being proved by the witness, if the courts so requires. Further, even this sanctity qua admissibility in evidence has been restricted to only the reports mentioned in this section. For all other reports of any kind, the person who prepared the reports, naturally, have to be examined before the Court. Hence a Radiologist giving report of fracture on the basis of X-Ray; has to be produced before the Court. The statement of any other witness can, at the best be taken as a derivative expert opinion, which would be again subjected to assessment by the Court; qua its relevance and qua its evidentiary value. In the present case, the Courts below have not found the evidence of the Doctor/expert; who has been examined before the Court, sufficient to prove the case beyond reasonable doubt. No fault can be found with the appreciation of the evidence by the Courts below.