LEGAL AID FOUNDATION FOR VICTIMS OF RAPE AND SEXUAL ASSAULT (LRSA) vs FEDERAL GOVERNMENT through Secretary, In

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LEGAL AID FOUNDATION FOR VICTIMS OF RAPE AND SEXUAL ASSAULT (LRSA) VS FEDERAL GOVERNMENT through Secretary, Interior Division S.154---Criminal case, non-registration of---Effect---In case of refusal to register a case, even upon coming to know about commission of cognizable offence, non-registration of same would amount to denial of duty and attract separate proceedings against concerned police officer, not only confined to in charge of police station, but also his superior. Head NotesCase Description Citation Name: 2023 PLD 195 ISLAMABADBookmark this Case LEGAL AID FOUNDATION FOR VICTIMS OF RAPE AND SEXUAL ASSAULT (LRSA) VS FEDERAL GOVERNMENT through Secretary, Interior Division Ss. 201, 302, 364-a & 365-B---Child abuse and rape cases---Criminal justice system---Petitioner was a Non-Governmental Organization and sought directions in case of rape of a minor child---Directions given by the High Court---High Court directed that all Medico Legal Officers would adhere to Standard Operating Procedures and any violation thereof should be taken as a breach of their duties---Ministry of Human Rights, as well as other departments of Government, should ensure implementation of conventions on rights of child through effective legislation, if the same had not been done---Enforcement of Zainab alert, Response and Recovery act, 2020, should be followed in letter and spirit as law of the land---Effective implementation of Islamabad Capital Territory Child Protection act, 2018 and Juvenile Justice System act, 2018, should be ensured---Investigation of a case of crime that is sexual in nature and/or pertains to a child should be assigned to a female police officer and/or a person duly sensitized on the issues and implications pertaining to such cases---No child survivor should be held in police custody overnight, even if it may be on the text of medical examination---all efforts should be made to provide medical aid, testing for any sexually transmitted diseases and pregnancy and trained therapist to a child survivor before and after medical exam and reasons for failure to do so should be recorded in writing---For every child survivor, their statement under S. 164, Cr.P.C., should be recorded within 10 days of perpetration of crime or within 10 days of recovery of the child, in a child friendly atmosphere or at hospital if need be and presence of a parent or trusted person may only be refused if Magistrate believes the child stands to be intimidated or uncomfortable due to such presence and statement should be recorded in verbatim and be supplemented by an audio recording---Child survivors should never be placed in direct presence of accused, either during police investigation or trial in any circumstances---Islamabad Capital Territory police should set up community policing initiative in order to gain citizen's assistance in prevention of crimes against children and maintenance of law and order---Constitutional petition was disposed of accordingly. Head NotesCase Description Citation Name: 2023 PLD 195 ISLAMABADBookmark this Case LEGAL AID FOUNDATION FOR VICTIMS OF RAPE AND SEXUAL ASSAULT (LRSA) VS FEDERAL GOVERNMENT through Secretary, Interior Division S. 4(l)---Constitution of Pakistan, Art. 10A---Fair trial---Investigation---Duty of investigating officer---Scope---Investigation is to be carried out by officer entrusted with same diligently, effectively and honestly, without having any preset notion---Investigating officer should collect entire evidence that is inculpatory and exculpatory---Fair trial requires that entire evidence collected by investigating agency, whether inculpatory or exculpatory is to be presented before the court, so that while reaching to conclusion regarding guilt of accused or otherwise the adjudicating authority has benefit of the same. Head NotesCase Description

LEGAL AID FOUNDATION FOR VICTIMS OF RAPE AND SEXUAL ASSAULT (LRSA) vs FEDERAL GOVERNMENT through Secretary, Interior Division S — 2023 PLD 195 ISLAMABAD

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