A single-member bench of the Sindh High Court (SHC) suspended on Thursday the order of a gender-based violence court that had directed the Investigation Officer (IO) of the case to get the medico-legal examination of the teenager, who allegedly eloped to Punjab and had solemnized freewill marriage, conducted till September 14.
Giving the case history, the single-member bench in its order said that the counsel of the accused – Zaheer Ahmed – had maintained that the IO of the case had filed an application for the medical examination of the girl but it was declined. The order was then challenged by the complainant.
During this, the IO of the case submitted the challan under section 173 of the Criminal Procedure Code before the Special Court (gender-based violence court). The challan included a provision of the Prevention of Trafficking in Persons Act 2018, the order issued by the bench read.
The complainant also filed an application before the SHC seeking the order for the medico-legal examination of the teenager. The SHC observed that the trial court would be competent to decide the issue of medical examination and referred the case.
After this, the Additional Sessions Judge East-VII or the gender-based violence court, heard and issued an order on August 30 with the direction of medical examination of the girl.
Following the special court’s order, a two-member medical board headed over by Police Surgeon Karachi Dr Summaiya Syed was formed for medico-legal examination of the teenager
The board also included a Woman Medico-Legal Officer (WMLO) Dr Sidra Traiq.
The board directed the IO to produce the victim in the office of the Police Surgeon Karachi on September 1 at 10am.
Why SHC suspended the Special Court’s order?
Jibran Nasir, the counsel for the complainant, told Jee News that the accused’s counsel had approached the SHC with the application that since the victim and the accused had solemnized Nikkah, the medico-legal examination of the victim will hurt her ‘modesty’.
“The lawyer of the accused told the court that the medical report of the victim will be made public which may earn shame and embarrassment for the couple,” Nasir added.
Nasir said that Zaheer’s lawyer questioned the rationale behind the special court’s order for the medico-legal as this was not a case of rape.
Nasir said that the court was also informed that the IO of the case has added sections of Prevention of Trafficking in Persons Rules, and according to rules, a medico-legal examination of the victim is mandatory.
The court observed that this is the first such case as the SHC has not heard a case under Prevention of Trafficking in Persons Rules, 2020 as yet.
What happened during the medico-legal examination?
Around 10:30am on Thursday morning, almost half an hour later than the scheduled time, the IO produced the victim before the Police Surgeon.
As the board started the medico-legal examination of the victim, the IO informed the Police Surgeon that the SHC has suspended the order of Special Court.
The IO showed the order he had received from counsel of the accused on his WhatsApp and took the victim back without getting the medico-legal examination done.
What the board was supposed to look for?
The board will look for physical injury to the victim, sexual abuse perpetrated on her, sexually transmitted disease if any, and medical termination of pregnancies or miscarriages.
The board will also seek the opinion of the psychologist on the psychosocial trauma experienced by the girl during her stay with the man she had allegedly eloped with.
Under section 21(c)(v), the IO will have to get the tests conducted to verify the age of the girl. However, the sources claimed that the age assessment of the girl has already been conducted twice in the recent past and there is no need to ascertain her age.
The sources added that it is nearly impossible to retrieve a sample for DNA matching after the lapse of months, but the board will still try to locate and retrieve samples for DNA matching.
Battle for medico-legal examination
The complainant, the father of the victim, had to fight a legal battle to get her medical examination of his daughter who according to him was abducted.
Initially, DSP Saeed Ahmed Rind, former IO of the case, moved an application for medical examination before Judicial Magistrate East-XXVI on August 1 but the court declined the request in the interest of the victim. The complainant challenged that order and filed a Criminal Revision before a gender-based violence court – Additional Sessions Judge East-VII.
The court ruled on August 6 that Criminal Revision, in this case, is not maintainable. The complainant then moved to the Sindh High Court (SHC).
According to the SHC order, issued on August 23, the applicant is at liberty to apply to the trial court, if permitted under the law.
