In the Court of Judicial Magistrate Bhalwal.
Eisha Zainab d/o Razwan Ahmed caste Sahotra r/o Chak No 8NB
Tehsil Bhalwal Distt. Sargodha.
Petitioner
Versus
The State
Respondents
Application for Exhumation and Postmortem of
the Child born dead to ascertain the parental
hood of the child for the purpose of criminal
prosecution and registration of case against the
accused committed illegal intercourse without
the consent of the petitioner resulted in
pregnancy and birth.
Petitioner Sheweth as under:
1. That the petitioner is Hafiz Quran and was married to
Jamshed Iqabal r/o Chak No 22 NB Tehsil Bhalwal and
lodged complaint No BHS-6/1/2021-755 dated 01-06-2021
Police Station Saddar Bhalwal.
2. That as per the complaint of the petitioner she was subjected
to illicit forced intercourse by the accused Bakhtawr Ahmed
with the abetment of accused Zuhara Bibi under the
influence of some intoxicant drug till first week of June 2020
which resulted in pregnancy and premature delivery on 1 st
January 2021.
3. That the child was dead at the time of delivery and his
features was fully developed. The dead body was buried in
the Main Graveyard Bhalwal. The petitioner and other
witnesses are well aware of the place of burial.
4. That the petitioner files the complaint as mentioned above
and initial medical of the petitioner was conducted and
samples for DNA profile was collected by the Medical
Examiner.
5. That to ascertain the parental hood of the child born in result
of illegal forced intercourse is necessary.
6. That as the petitioner is married women and cohabited with
her husband since then has no other option but to prove her
allegations against accused persons through exhumation of
dead body of the child and postmortem thereto to collect the
DNA profile of the dead body to determine the parental hood
of dead child.
7. That to prove the allegation of illegal forced intercourse,
resulted in pregnancy and followed by the birth of dead child
could only be proved through matching of DNA profiles of
the petitioner, accused and dead child and this process could
only possible through Exhumation of the Grave of the dead
child and postmortem thereto.
8. That the petitioner being aggrieved of the act done by the
accused has no other remedy to determine the role of the real
culprit committed this heinous offence which destroys the
chastity, honor and reputation of the petitioner in the eyes of
the society and even in the eyes of her husband.
9. That there is no time limit for exhumation and Postmortem
of the deceased.
10. That to give a logical end to the complaint of the petitioner it
is necessary and foremost requirement to ascertain the name
of the real culprit committed this heinous offence, is only
possible through exhumation and postmortem of the dead
body of the child born in result of pregnancy caused by the
offence committed by the accused thereto.
Prayer
For these and other grounds that may be urged
at the time of hearing, it is therefore prayed
that the Application for Exhumation and
Postmortem of the Child born dead to ascertain
the parental hood of the child for the purpose of
criminal prosecution and registration of case
against the accused committed illegal
intercourse without the consent of the petitioner
resulted in pregnancy and birth.
And to pass any other order in accordance with
Petitioner
Eisha Zainab d/o Razwan Ahmed caste Sahotra r/o Chak No 8NB
Tehsil Bhalwal Distt. Sargodha.
Through Counsel
Ch. Ghulam Mustafa Gujjar
Advocate High court
