Law: Penal Code (XLV of 1860)

Section: 337F(v),354,506,34

(a)    Penal Code (XLV of 1860)--- ----Ss. 337-F(v), 354, 506 & 34---Medical jurisprudence---Medico legal examination, challenging of---Observation of medical officer defective---Effect--Reasons which prevailed the Magistrate to decline the application moved by the petitioner for re-medico legal examination was that application was not carrying specific allegation regarding fabrication of injury---Validity---Perusal of description given by the Medical Officer of MLC-under-consideration revealed that the victim/lady was having a sole injury on the back of her left hand and the Medical Officer observed the availability of swelling without contusion, abrasion or laceration at the given seat of injury---Description of the injury given by the medical Officer, prima facie, required re-medico legal examination as according to the contents of crime report the injury was caused with a forceful blow of iron rod, a heavy blunt object, but surprisingly injured was not having any contusion, abrasion or laceration on or around the given seat of injury---High Court directed concerned Medical Superintendent, District Headquarter Hospital, to ensure a meeting of District Standing Medical Board earliest for re-medico legal examination of injured / complainant of subject FIR--Constitutional petition was allowed accordingly. (b)    Penal Code (XLV of 1860)--- ----Ss. 337-F(v), 354, 506 & 34---Medical jurisprudence---Medico legal examination, challenging of---Limitation---Reason which prevailed the Magistrateto decline the application moved by the petitioner for re-medico legal examination was that the application was to be moved within twenty-one days--Held: So far as the ground taken by the learned Magistrate to the effect that the application was to be moved within twenty-one days was concerned; in this regard two letters issued by Government of the Punjab, Health Department, Lahore, were relevant; both bearing (the same) NO.SO(H&D)6-1/90, first was dated 12-2-1990 ( letter dated 12-2-1990 ) ; while the second was dated 8-21992 ( letter dated 8-2-1992 )---In the letter dated 12-2-1990 the maximum period for medical re-examination was…