No point to reconstitute the second Medical Board -- Even otherwise, declaring the injury by Medical Board as “possibility of fabrication cannot be ruled out” was also of not much significance.

There was no point to reconstitute the second Medical Board as earlier the injured had already been re-examined by the Medical Board. Even otherwise, declaring the injury by Medical Board as “possibility of fabrication cannot be ruled out” was also of not much significance. As there is no denial with the proposition that the first medical examination was protected by statutory presumption of being genuine under Article 129 (e) of The Qanun-e-Shahadat Order 1984 QSO) as well as under Article 150 of The Constitution of the Islamic Republic of Pakistan, 1973 (The Constitution).

Neither the Medico Legal Certificate (MLC) nor the report issued by the Medical Board on reexamination of the injured is per se admissible in evidence as the same had not been protected under Section 510 of The Code of Criminal Procedure, 1898 and in either case the Medical Officer or for that matter a member of the Medical Board has to appear before the learned trial court as a witness to verify the contents of the MLC/proceedings of the District Standing Medical Board.

W. P. No.28118 of 2021

Khalil Akhtar Versus Magistrate Ist Class etc.