Law: Pakistan Penal Code, 1860

Section: 201,302

Law: Criminal Procedure Code (V of 1898)

Section: 435,439

(a) Medical jurisprudence--- ----Post-mortem---Scope---Medico-legal or forensic post-mortem was performed on the requisition of a legal authority responsible for the investigation of sudden, suspicious, obscure, unnatural, litigious or criminal death---Legal authority was usually a police officer---Post-mortem was performed to know the cause of death---Consent of relatives was not necessary. Modi's Medical Jurisprudence and Toxicology, Ch. XII ref. (b) Medical jurisprudence--- ----Academic post-mortem---Scope---Clinical or academic post-mortem was one in which medical practitioners perform a post-mortem with the consent of relatives to know the extent of the illness for which the deceased was treated---Requisition from legal authority was not necessary. Modi's Medical Jurisprudence and Toxicology, Ch. XII ref. (c) Penal Code (XLV of 1860)--- ----Ss. 302 & 201---Qatl-i-amd, causing disappearance of evidence---Complainant lodged FIR concerning murder of his son by some unknown persons and presented an application to the Police for not getting the post-mortem conducted on the corpus of deceased---Police accepted the request of complainant and did not take the dead-body for post-mortem---Complainant and SHO (Police Station) were also booked by the Trial Court for causing disappearing of evidence---Validity---Court could take other factors into account---Where prosecution through convincing evidence could establish that death was immediate, proximate and direct cause of injuries without any element of negligence or other intervention, non-performance of post-mortem would not be fatal---Complainant had submitted the application to police in view of long standing custom of the area---Complainant and SHO could not be ordered to stand in the list of accused persons in circumstances. (d) Criminal Procedure Code (V of 1898)--- ----Ss. 435 & 439--- Revision--- Scope--- Powers conferred by these Ss.435 & 439, Cr.P.C. as a court of appeal were to correct the error, in case of any proceeding the record of which had been called by itself, or otherwise came to its knowledge and where a wrong order in excess of jurisdiction was passed. (e) Criminal trial---…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492