Court dismisses plea for medical examination of underage girl – 07 Aug 2022
KARACHI: A sessions court dismissed on Saturday an application challenging the order of a judicial magistrate through which it dismissed an application seeking permission for the medical examination of an underage girl.
Special Gender Based Violence Court (East) Judge Ilyas noted that Judicial MagistrateXXVI (East) Aftab Ahmed Bughio on Aug 1 while exercising his administrative powers had dismissed the investigating officer`s application seeking permission to shif t the 15-year-old girl from the shelter home to thae hospital for her medical examination to ascertain whether or not she was subjected to any sexual assault during the period she spent with her purported husband following her alleged illegal marriage.
He observed that the applicant`s counsel claimed that the medical examination of the victim was the basic requirement in accordance with Section 164-A and provisions of the Prevention of Trafhcking in Person Rules, 2020.
The judge observed that it came on record that the investigation of the said case was still in progress and it was admitted position that the charge sheet had not been submitted by the IO.
He said the opinion of the police had got no binding effect upon courts, adding that the judicial magistrate had ample powers to takecognizance at the time of submission of the charge sheet under Section 190 of the criminal procedure code.
He noted that the judicial magistrate had dismissed the IO`s plea in the interest of the victim, as there was an apprehension that by conducting her medical examination, it would achieve nothing but embarrassment from the society.
He further said any order passed by the judicial magistrate during the course of enquiry would be termed as administrative, executive or ministerial order, adding that the Aug 1 order was not passed by the magistrate during criminal proceedings, hence the same be termed as administrative.
IO allowed one-week to submit challan In the meanwhile, JM Bughio allowed oneweek time to the IO, DSP Saeed Rind, to conclude the investigation into the case pertaining to alleged abduction of the underage girl from Karachi and her illegal marriage in Punjab.
The magistrate also told the IO to submit the final charge sheet on the next date and adjourned the hearing.
Contrary to its previous claim that the case pertaining to the teenager`s kidnapping and child marriage was false, police had admitted before a sessions` court on July 16 that the victim was not only kidnapped from Karachi but also shif ted to Lahore.