Q: what is the medical examination of victim of rape?
A: under section 164-A CRPC, (1) where an offence of committing rape, unnatural offence or sexual abuse or attempt to commit rape, unnatural offence or sexual abuse under section 376, section 377 or section 377-B, respectively of the Pakistan Penal Code, 1860, is under investigation the victim shall be examined by a registered medical practitioner in the case of female victim by a female registered medical practitioner, immediately after commission of such offence.
Provided that in all cases where possible the female victim shall be escorted by a female Police Officer or a female member from a place of her convenience to the place of medical examination.
(2) The registered medical practitioner to whom such victim is sent under sub-section (1) shall, without delay examine the victim and prepare a report of the examination giving the following particulars, namely:
(a) name and address of the victim and of the person by whom she was escorted
(b) Age of the victim;
(c) Description of material taken from body of the victim for DNA profiling;
(d) Marks of injury, if any on body of the victim
(e) General mental condition of the victim; and
(f) Other material particular in reasonable detail.
(1) The report under sub-section (2) shall state precisely the reason for each conclusion arrived at.
(2) The report under sub-section (2) shall specifically record that consent of the victim or of his her natural or legal guardian to such examination had been obtained.
(3) The exact time of commencement and completion of the examination under sub-section (1) shall also be noted in the report.
(4) The registered medical practitioner shall, without delay, forward the report to the investigation officer who shall forward it to the Magistrate along with other requirements are specified under clause (a) of sub –section (1) of section 173 Crpc.
Nothing in this section shall be construed as rendering lawful any examination without consent of the victim or of any person authorized under sub-section.
This FAQ is prepared by Sadia Saman Advocate