Application for Medical Examination of Accused

IN THE COURT OF THE LEARNED JUDICIAL MAGISTRATE, district

Application No. _____ of year

The State / prosecution_designation ... Applicant

VERSUS

accused_name, son/daughter of accused_father, resident of accused_address, holding CNIC No. accused_cnic ... Accused

APPLICATION UNDER SECTION 53 OF THE CODE OF CRIMINAL PROCEDURE 1898 FOR MEDICAL EXAMINATION OF ACCUSED

Respectfully sheweth:

1. That the present application is filed by prosecution_designation in criminal case FIR No. fir_number, Police Station police_station, district, in which the above-named Accused has been charged with charges.

2. That the nature of the offence and the circumstances of the case necessitate a medical examination of the body of the Accused to examination_purpose.

3. That the alleged victim / injured party reported physical injury consistent with injury_description. A medical examination of the Accused's body is required to determine whether the Accused bears corresponding marks or injuries.

4. That the medical examination is essential to establish evidentiary_link and to corroborate or refute the allegations made by the prosecution.

5. That samples of sample_type will be collected from the Accused's person during the medical examination for scientific analysis, which is expected to yield conclusive forensic evidence.

6. That the Accused has consent_status to undergo the medical examination. The examination will be conducted by a qualified and impartial medical practitioner in the presence of a police constable and with observance of all due propriety and dignity.

7. That under Section 53 CrPC, the Magistrate is empowered to direct a medical examination of the body of a person accused of certain offences. Under Qanun-e-Shahadat Order 1984, such examination and samples collected thereof are admissible as evidence.

8. That the medical examination is a necessary investigative measure in the interest of justice and will not cause undue hardship to the Accused.

9. That this Honourable Court has territorial and pecuniary jurisdiction to entertain and decide the present application.

PRAYER

It is, therefore, most respectfully prayed that this Honourable Court may be pleased to:

(a) Direct the Accused to submit his/her body for medical examination by a qualified medical practitioner at examination_place;

(b) Authorize the collection of sample_type samples from the Accused's body for scientific testing and forensic analysis;

(c) Direct that the examination be conducted with due regard to the dignity and constitutional rights of the Accused; and

(d) Grant such further and other relief as may be deemed just and proper in the circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of paragraphs 1 to 9 of the above application are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

_____________________________ prosecution_name prosecution_designation Through: _____________________________ counsel_name Advocate