Former MLO indicted in rape case
By Ishaq Tanoli
KARACHI: A sessions court on Thursday indicted a former medico-legal officer of the Jinnah Postgraduate Medical Centre in a case pertaining to the rape of a trainee nurse.
The MLO, who was removed from service after the alleged crime, has been charged with sexually assaulting and making an attempt on the life of a student of the JPMC nursing school in the residential area of the hospital on July 13.
Additional district and sessions judge (south) Abdul Razzaq, who was conducting the trial, read out all charges against the accused.
While reading out the charges, the judge said that on July 13 at around 4pm the accused committed the rape of the complainant/victim inside Room 61 of the doctors’ mess and thereafter he pushed her down from a window and she received injuries. Hence the accused has committed a crime punishable under Section 376 of the Pakistan Penal Code.
“I further charge you, that on aforesaid date, time and place you after committing rape with complainant above named pushed her from room she fell down outside and received injuries knowing that by your such act death of victim/complainant was likely to be occurred, thereby you have committed an offence punishable under Section 324 of PPC within the cognizance of this court,” he added.
However, the accused pleaded not guilty and opted to contest the case.
The court summoned prosecution witnesses with direction to record their testimonies on Nov 6.
According to the final charge-sheet, the 22-year-old victim was allegedly raped by the MLO and then made an attempt on her life by pushing her down from a window of his room. The security guards and some doctors found the victim lying unconscious on the lawn of the doctors’ mess and shifted her to the emergency section. They went upstairs and knocked on the door of the accused, but he jumped out of the window to escape arrest and sustained injuries, it added.
It was stated in the charge-sheet that in the light of initial medical reports, the crime of rape was established against the accused hence Section 376 (punishment for rape) of the PPC was incorporated in the FIR against him. During the interrogation, the MLO confessed to having raped the victim and pushing her down from a window, but stated that he was alone during this period. On the other hand, the victim in her statement recorded under Section 161 (examination of witnesses by police) of the CrPC on July 20 also named the driver of the accused and a nurse in this case by stating that they took her to the room of the accused and remained there.
However, the IO has placed their (the driver and the nurse) names in column 2 of the charge-sheet in blue ink on the ground that no evidence has come up during investigation against them.
He also added Section 114 (abettor present when offence is committed) of the Pakistan Penal Code against them in the charge-sheet and stated that it was up to the court to decide about their trial. While accepting the charge-sheet, a judicial magistrate passed an order in which he stated that the trial court may decide the fate of the two suspects after recording the victim’s statement.
The investigation officer stated in the charge-sheet that he had received an incomplete DNA test report and had been waiting for a conclusive report.
The counsel for the accused had earlier filed an application in court stating that the investigation of the case was not completed as the IO had not submitted the DNA report and prayed the court to direct the IO to complete the investigation and submit the report. Subsequently, the court ordered the investigation officer on Oct 7 to submit the DNA report by Oct 15 and warned that action would be taken against him in case of non-compliance.
Stating that he had yet to receive the report, the IO placed 20 prosecution witnesses in the final charge-sheet.
A case (FIR 332/2010) was registered under Section 324 (attempted murder) of the Pakistan Penal Code against the MLO at the Saddar police station.
Source: Dawn
Date:10/22/2010
” 
” 
” 
” 
