Court turns down plea for Dua Zahra’s medical examination

A court on Monday dismissed an application filed by the investigating officer seeking permission for a medical examination of Dua Zahra, who has been residing at a child protection centre in Karachi after her repatriation from Lahore.

DSP Saeed Rind had moved the plea before Judicial Magistrate (East) Aftab Ahmed Bughio, requesting the court to allow him to take the custody of the teenage girl for her medical examination. On July 27, the magistrate had sent Zahra to a government-run child protection centre and shelter home with a direction for a child protection officer to ensure that no person was allowed to meet her without prior permission of the court.

On Monday, Magistrate Bughio announced the verdict he had reserved after hearing both defence and prosecution sides. District Public Protescutor (DPP) Muhammad Younus had argued that there was apprehension about the girl having been subjected to sexual abuse during the period she spent with the accused, Zaheer Ahmed. Hence, he added, her custody was required for a medical examination.

Jibran Nasir, the counsel for Zahra’s parents, supported the contention of the prosecutor saying the girl’s medical examination was necessary. Citing Section 164-A of the Criminal Procedure Code (CrPC), he said that in cases of a similar nature, the consent of a minor was not required and only her legal or natural guardian may give the consent.

He said refusal to give the IO permission would amount to restraining him from exercising his powers to investigate the matter, adding that the girl’s father being her natural guardian was ready to consent to her medical examination.

Nasir said the investigating officer had on July 28 submitted a progress report incorporating sections 363 (punishment for kidnapping), 368 (wrongfully concealing or keeping in confinement, kidnapped or abducted person), 375(v) (rape with or without her consent when she is under sixteen years of age) of the Pakistan Penal Code (PPC) in the case lodged against Zaheer and others. It is clear after the perusal of the report that the offence under Section 376 (punishment for rape) of the PPC is made out, warranting the medical examination, he added.

On the other hand, advocate Muhammad Amir Niaz, the counsel for Zaheer Ahmed, vehemently opposed the plea, stating that the plea was filed with a mala fide intention. The medical examination at this belated stage would achieve nothing but would cause the alleged victim embarrassment, he maintained.

The magistrate said that in the IO’s opinion, Section 375(v) is attracted in the case, requiring the girl to be medically examined. He said he was refraining himself from discussing the applicability of the section and noted the court was the custodian of the girl whose custody had been entrusted to the child protection centre.

“The medical examination at this stage may only determine the virginity of the victim, which would achieve nothing but embarrass and offend her,” the court said, turning down the IO’s request.

Separately, Magistrate Bughio allowed IO Rind more time to submit the final charge sheet in the case. The investigating officer turned up before the court and stated that he needed more time to wrap up the investigation. The court, accepting his plea, directed him to submit the challan until August 6.

Bail extended

Meanwhile, a sessions court extended the interim pre-arrest bail granted to Zaheer Ahmed, purported husband of Dua Zahra, and his brother Shabbir Ahmed until August 17.

Ahmed faces charges of kidnapping the underage girl from Karachi and contracting the illegal child marriage with her in Lahore. His brother, mother and over a dozen other relatives, as well as cleric Hafiz Ghulam Mustafa, who solemnised the marriage, and two eyewitnesses to it have been accused of aiding and abetting the alleged crime.

Ahmed and his brother Shabbir turned up before Additional District and Sessions Judge VII (East) Ilyas under police escort. The court extended their interim bail until August 17.

On July 21, Dua’s alleged husband and his brother were granted interim bail until July 26 subject to the submission of a surety of Rs100,000 each.

In the progress report submitted to the magisterial court, Shabbir had admitted during interrogation that he had accompanied his younger brother to Karachi to take Zahra to Punjab. However, Zaheer had been insisting that he was not in the city on the day the girl was reported missing.