MEDICAL JURISPRUDENCE-II (Medico Report)

(Shah Nawaz Bokhari, Rawalpindi)

A Report of Medico Practitioner is very important in all criminal litigation. As far as concerned, the chemical analysis should present beyond the shadow of doubts. That the information is consisting of comprehensive way even describe the perquisite prescription of wound or injury which is directly hurt by the victim. It is indicating factor to ascertain the victim health or previous medical history. In this regard, the report of the defendant is come in appropriate manner. This is not just a report which is prepared by Medical doctor that it is certificate which is affirmed the cause of death. The Medical Practitioner is issued certified to the parties that it is affirmed the cause of death even mentioned illustration in his concise report. The entire proceeding of the court is around it. The medical officer has sound knowledge for examination of died bodies even sensitivity of the case.

That it is a challenging work for the prosecution in different stages of the case i.e trial, evidence; police report (FIR) and witness. It is the duty of the prosecution to prove his case beyond the shadow of doubts. All the circumstance shall adhere by the court in the positive attitude; however, it is reliable through the precedent set by the higher judiciary in this regard. Post-mortem report is prepared by the Medical Practitioner. It is the duty of the police to prepared concise report about the commission of offence. The police is bound the under the law to submit (complete challan) before magistrate on the prescribe manner even assist to the court. It is depending upon the circumstances of the cases. The medical Practitioner is carrying the work of investigation in light of material which is received from the police custody. But he is not bound under the law to submit any report before the police officer.

Any time court call the Medical Practitioner to assist in the existing case even take his expert opinion about the chemical analysis. If anything or in which the material doubtful in the medical report then court have right to reject the report even acquit the accused or discharge from the case. All the murder reference including suicide cases the report of the medical practitioner is very important and essential for each case. Applicants for accused person or respondent of deceased persons may request to the court to post mortem of died body in instance opportunity or it is the discretion of court. However, if no request received by the court then it is discretion of the court to allow exhumation or not. That plenty of times the case is going into favor of defendants or respondent due to non-availability of evidences. Moreover, it is prohibit to advertising the proceeding. That it is not the exact way to describe court case beyond the border. However, there is remedy available for the grieved person to file the appeal in the Court of Session or High Court. All criminal litigation Court has been observing even adhere rule of law which is under below;
i. Complete Challan presented by Police
ii. Police Diary if required
iii. Remand (Maximum 14 days)
iv. Judicial Remand (Maximum 15 days or exceed if court thinks fit)
v. Framing of charge
vi. Plea of the accused
vii. Evidence of the Accused or Defendants
viii. Rule of Diyat
ix. Report of Medical Practitioner
x. Precedent’s
xi. Arguments of the counsels
xii. Decision

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