Sexual Assaulted Victim's kit

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Sexual assault victim's exam kit contents

1. Collection vial—for urine.

2. Collection vial—for blood.

3. Pubic hair combings specimen envelope

used in the collection of possible foreign material in the pubic hair of the victim.

4. Head hair combings specimen envelope

used in the same way as pubic hair combings, but for hair on the head of the victim.

5. Vaginal smear slides

used in the collection of semen fluid for DNA evidence deposited by the assailant in the vagina of the victim. One slide is used for the vaginal area and the other is used for the specimen taken from the cervix of the victim.

6. Smear slides

used to collect DNA (seminal fluid) from other areas where the perpetrator's DNA may be found on the victim such as those resulting from the anal or oral penetration of victim.

7. Swabs

used in the collection of seminal fluid for DNA evidence that the perpetrator may have left on the victim (anal, oral, or other areas).

8. Vaginal swabs(4)

used to collect seminal fluid for DNA evidence of the perpetrator.

9. Cervical swabs (2)—

used to collect seminal fluid from the cervix for DNA evidence of the perpetrator.

10. Saliva standard swabs

used to collect DNA evidence of the perpetrator from the victim's mouth.

11. Buccal swab

used to collect the victim's DNA.

12. Extra swabs

to collect possible semen from the perpetrator wherever it may be found on the victim.

13. Extra swabs

used to collect saliva left by the perpetrator from areas that may have been bitten, licked, or kissed.

14. Underwear specimen bag.

15. Genoprobe

used to screen for chlamydia and gonorrhea. This is taken at the time of evidence collection.

The same kit is used to collect evidence with male victims, but the differences are in the genoprobe that is used in the physical areas of the body from where the evidence is collected. Instead of vaginal swabs, penile swabs are used as well as anal or penile cultures for gonorrhea.

Bail Before Arrest Aplication format/Pre Arrest Bail Application

DRAFT/SPECIMEN/FORMAT

PRE ARREST BAIL:
Pre Arrest bail was filed before High Court after Learned Additional Sessions Judge dismissed bail before arrest of the petitioner.

BEFORE HONOURABLE LAHORE HIGH COURT, LAHORE.

CRIMINAL MISC. NO:____________________________/B/2015

____, SON OF ____, CASTE ____, RESIDENT OF ____, DISTRICT____.

…..Petitioner 

V E R S U S

1. THE STATE
2. ______, SON OF _____, CASTE ___, RESIENT OF ____, DISTRICT____.
…..Respondents
F.I.R. No. : ___/2014
OFFENCE U/S : 406 P.P.C.
DATED : ____
POLICE STATION : _____
DISTRICT : _____

BAIL PETITION 
UNDER SECTION 498 CrPC. FOR GRANT OF BAIL BEFORE ARREST TO THE PETITIONER.

Respectfully Sheweth:
1. That through the instant bail petition, the petitioner seeks bail before arrest in case registered through F.I.R No ___/2014 dated _____, under section 406 Pakistan Penal Code at Police Station ____, District ___.

2. That succinctly stated facts giving rise to the filing of bail petition in hand are that aforementioned FIR was registered on the application of the complainant/Respondent No.2/____(name), wherein it has been alleged that the petitioner was entrusted with some amount of the complainant and he misappropriated the same; hence, the FIR was registered against the petitioner. Copy of F.I.R No. ___/2014 dated ___ u/s 406 PPC is appended herewith for kind perusal of this Honourable Court as Annex-A.

3. That the petitioner applied for Bail Before Arrest before Learned Sessions Judge, __, however, same was dismissed vide order dated ___ passed by Learned Additional Sessions Judge, ____. Copies of Bail Petition & order of dismissal dated _____ are Annex-B & C.

4. That the FIR is an outcome of cock and bull story and local police is after the petitioner to arrest him, whereas, the petitioner has nothing to do with the commission of alleged offence.

5. That the petitioner has been involved falsely in the instant case, therefore, the petitioner humbly seeks indulgence of this Honourable Court for grant of pre-arrest bail iner-alia on the following grounds: 

GROUNDS

a. That the instant F.I.R is false and frivolous having no truth therein.

b. That the petitioner is totally innocent and he has nothing to do with the commission of alleged offence.

c. That the case of the prosecution is based upon malafide.

d. That the real culprit is _____ with whom the complainant has affected compromise and the petitioner is not responsible for any misappropriation as no money was entrusted to him. (this ground depends upon the circumstances of the case).

e. That there is an unexplained delay between registration of FIR and commission of alleged offence.

f. That if the petitioner is released on bail, there is no chance that the petitioner would tamper with prosecution witness.

g. That there is no probability of absconsion of the petitioner if he is released on bail.

h. That in aforementioned circumstances, the instant case appears to be one of further inquiry.

i. That the petitioner is law-abiding citizen of Pakistan and never thinks to take law in his hand.

j. That there are reasonable grounds for believing that the petitioner has not committed any offence.

k. That the petitioner is ready to provide surety bond for the satisfaction of this learned court if the pre-arrest bail is granted to the petitioner.

l. That the petitioner humbly seeks to raise additional grounds at the time of the arguments.

P R A Y E R

In the aforementioned circumstances, it is humbly prayed that the petitioner may kindly be granted bail before arrest.

It is also humbly prayed that till disposal of titled bail petition, interim bail may be granted to the petitioner.


PETITIONER 
THROUGH

Zaheer Abbas Malik
Advocate High Court

Certificate:
It is certified that upon instructions of the client it is the 1st petition for bail before arrest filed before this Honourable Court in the matter in hand.

Advocate

SENATE

SENATE OF PAKISTAN

1. Introduction:

The present constitution of 1973 provides the parliamentary from of government. Article 50 says that there shall be a Majils-e-Shoora (parliament) consisting of the president and the two houses to be knows as the national assembly and the senate. the senate Of Pakistan is the upper house of parliament.

2. Relevant provision:

Article 59, 59, 60, 61.

3. Composition of the senate:

The senate of Pakistan shall consist of 100 members of whom:
(a) Fourteen shall be elected by the members from each provincial assembly.
(b) Eight shall be elected by members the federal administered Tribal Areas in the national assembly.
(c) Four shall be elected from federal capital in such a manner as the president may, by order prescribe.
(d) Four woman and four member by each provincial assembly to represent ulema, technocrats, and other professional.

3. Qualification for the member:

(i) Citizen of Pakistan:

For being A member of Senate of Pakistan He should be citizen of Pakistan.

(ii) Age:

He should not be less than thirty year of age.

(iii) Mentally fit:

He should be mentally fit.

(iv) Not insolvent:

He should not be insolvent.

(v) Not hold any office of profit:

He should not hold any office of profit in the service of Pakistan.

4. Procedure for election:

Members of the senate of Pakistan are elected in accordance with system of proportional representation by means of single transferable vote. The device of representation by single transferable vote has been adopted for election to the senate of Pakistan in order to give proportional representation to the various parties so that all parties may also be represented and have a share in political life of the country.

5. Term of the senate:

According to the constitution of Pakistan the senate of Pakistan is the permanent body it cannot be dissolved. The term of its member shall be six year.

6. Restrictions:

The candidate can not be member of both houses at a time and has to resign in one house.

7. Privileges of members:

Members of the senate of Pakistan have following privileges:

(i) Freedom of speech:

The members have full freedom of speech in the house.

(ii) Not answerable to any court:

No member is liable to any proceeding in any court for any thing said in the house.

(iii) Salary and allowances:

The members of the senate are paid salary and allowances.

(iv) Accommodation:

The members are given free accommodation.

8. Summoning and prorogation of session:

The president of Islamic republic of Pakistan from time to time summon the senate to meet at such time and place as he thinks fit and may also prorogate the same.

9. Voting and quorum:

The quorum shall be one fourth of the membership and all decision shall be made with majority vote.

10. Chairman and deputy chairman of the senate:

The senate shall elect from amongst its members a chairman and a deputy chairman. they -shall take oath of their office. the chairman and deputy chairman can be removed from their office by passing a resolution with the majority vote of total membership of the senate.

11. Power and functions of the senate:

The senate has following powers and function.

(i) Legislation:

The senate takes part in law making process. it is most important duty of the parliament. the senate has power to pass a bill or reject by national assembly.

(ii) Administrative:

The senate keeps and watch on the administration. all important appointments are made by the senate.

(iii) Judicial:

The senate may make rules for regulating its procedure and conduct of its business. if a person in the service of Pakistan disgraces any member of or creates hurdle in the performance of his duties the member may move privilege motion against such government servant.

(iv) Electoral:

The senate performs electoral functions in many ways for example election of the president Islamic republic of Pakistan.

(v) Education center for politician:

The senate is education center for politician Pakistan.

(vi) Amendment in the Constitution:

The senate has power to amend the constitution.

(vii) Removal of Grievances of the people:

The senate removes the grievances of the people and discuss their problems.

12. Conclusion:

To conclude I can say that the senate is the upper house of parliament. it consist of 100 members. it is a continuous body. the members of the senate are elected in accordance with the proportional representation by means of the single transferable vote. The daily sessions of the senate are presided by a chairman. under the constitution senate can not be dissolved.S

SPEAKER OF NATIONAL ASSEMBLY OF PAKISTAN

SPEAKER OF NATIONAL ASSEMBLY

1. Introduction:

Speaker of National Assembly is the presiding office of the national assembly. speaker enjoys great respect in the house. In Pakistan speaker is impartial person. before the transaction of any business speaker of National Assembly and deputy speaker of National Assembly are chosen by the members of assembly. he has to preside the house and see that the house is properly constituted before its proceeds to business.

2. Relevant provisions:

Article 53 constitution of Pakistan.

i.CURRENT SPEAKER OF NATIONAL ASSEMBLY:

Asad Qaiser is the current Speaker of National Assembly of Pakistan 2020

3. Position of speaker under the constitution of 1973:

Speaker of National Assembly is elected by the National Assembly house under the constitution of 1973. when National assembly is dissolved the speaker is automatically dismissed. speaker of National Assembly possesses many power and allows or disallows motion amendment in a bill.

4. Qualification:

Speaker should be member of national assembly.

5. Procedure of election for speaker:

According to Article 53 of the constitution the speaker and deputy speaker of National Assembly shall be elected in the first assembly session after the general election.

6. Term of office:

Term of office of the speaker Of National Assembly is usually 5 years.

7. Other of office:

Speaker Of National Assembly shall take oath of office before assembly.

8. Resign from office:

The speaker of National Assembly may, by writing under his hand addressed to the president resign his office.

9. Privileges of Speaker:

Speaker of National Assembly receives quite a handsome emolument. he is also provided with free accommodation, transport and various other facilities.

10. Powers and function of speaker of the national assembly:

Power and functions of speaker of the national assembly:

(i) Judging the validity and money bill:

It is the power of speaker of National Assembly to judge the validity of money bill. he decides whether a bill is money bill or otherwise.

(ii) Preside the session of house:

It is the most important duty of the speaker of National Assembly to preside over the house.(National Assembly)

(iii) Maintenance of Disciplines:

Speaker has power to maintain the discipline of the house.

(iv) Casting vote:

Speaker has no right to vote but when there is equality votes he can use his vote.

(v) Grant permission of questions:

Speaker is empowered to grant permission of question to members in the house.

(vi) Approves or over rules adjournment motion:

Speaker can approve or over-rule the adjournment motion in the house.

(vii) Acting president:

In absence of chairman of senate. speaker is officiating president.

(viii) Summon the session of national assembly:

Speaker is empowered to summon the session of national assembly on the request of one forth of total members of the assembly.

11. Nature of office speaker:

The office of the speaker is permanent in nature and when the national assembly is dissolved the will continue to hold his office till the new assembly is elected and chooses its speaker.

12. Removal or termination of speaker:

The assembly shall give the notice of resolution of non confidence seven days earlier. if the resolution is passed by the majority of the total membership, the speaker shall cease to hold the office and when such resolution is under process the speaker can not preside over the house.

13. When office of speaker is vacant:

Office of Speaker of National Assembly may fall vacant in the following situations.
(i) If he resigns.
(ii) He loses his seat assembly.
(iii) Assembly passes a resolution for vote of non confidence against him.
In the absence of speaker, the deputy speaker will be presiding officer.

14. Conclusion:

To conclude I can say that speaker is the presiding officer of national assembly. he is elected by the house. he is not a party man. his most important function is to preside over the assembly and maintain discipline in the house.

PROVINCIAL ASSEMBLY

PROVINCIAL ASSEMBLY

1. Introduction:

In the constitution of Pakistan 1973 the provinces have been made more powerful and independent. for each of the four provinces there is a provincial assembly. the provincial assemblies are playing their important role in the provinces.

2. Relevant provisins:

Art 106-128.

3. Formation:

Following are the number of members in provincial assemblies.
Total Provice General seats Women Minorities
371 Punjab 297 66 8
168 Sindh 130 29 9
124 N.W.F.P 99 22 3
65 Baluchistan 51 11 3
728 Total 577 128 23

4. Conditions for voting/electorate:

A person shall be entitled to votes:
(a) He is a citizen of Pakistan.
(b) He is not less than 18 years.(LFO)
(c) His name appears on electoral role for any area in the province.
(d) He is sound minded.

5. Qualifications for membership:

A person can be elected as member of provincial assembly:

(a) Sound minded:

He is sound mined.

(b) Education:

He should have Bachelor's degree recognized by high education commission.

(c) Age:

He should not be less than 25.

(d) Name in electoral roll:

His name should in electoral roll of the province.

(e) Not be insolvent:

He should not be insolvent.

(f) Citizen of Pakistan:

He should be citizen of Pakistan.

(g) Should not hold any office of profit:

He should not hold any office of profit in service of Pakistan.

6. Duration of assembly:

A provincial assembly shall continue for a term of 5 years from the day of its first meeting.

7. Method of election:

Members to provincial assemblies are elected by direct and free votes of the electors.

8. Presiding officer:

Speaker is the presiding of officer the provincial assembly. he is elected by the assembly in its first session.

9. Summoning and Prorogation of session:

The governor may from time to time:
(i) to summon the provincial assembly meet at such time and place as he thinks fit and
(ii) Prorogate the provincial assembly.

10. Sessions:

According to the constitution the provincial assembly shall hold at least two sessions in a year and interval between two sittings shall not be more than four months.

11. Quroum:

The assembly shall make all the decision by the majority votes. the quroum of the provincial assembly is one forth of the total membership.

12. Oath taking:

The members of provincial assembly take their oath of office before the speaker in a joint meeting.

13. Dissolution of assembly:

Governor may dissolve the provincial assembly if so advised by the Chief minister and president of Pakistan.

14. Privileges of members:

The members of provincial assembly are paid salaries and other allowances and free accommodation. they have full freedom of speech.

15. Powers and functions of provincial assembly:

Following are the main functions and powers of provincial assemblies.

(i) Legislation:

Provincial assembly holds full authority of legislation. it can pass the bills by majority. it can approve or disapprove an ordinance issued by the governor. the provincial assembly may legislate on those matter which are in the concurrent legislative list.

(ii) Executive:

Provincial assembly controls the executive and it is answerable to the assembly. provincial assembly elects its speak, deputy speaker and Chief minister the provincial cabinet is answerable to assembly. the government policies and performance are criticized on the assembly.

(iii) Financial:

Provincial assembly has full control over financial matter of province. The budget is laid before the assembly every years and it is discussed in detail in the assembly. no tax can be imposed without the approval of assembly.

(iv) Revocation of complaints:

The members of provincial assembly are the representative of the people. they discuss the main problems of the people in the assembly and solve them.

16. Restriction on discussion in a provincial assembly:

A Provincial assembly can not discuss the conduct of any judge of high court or supreme court of Pakistan in connection with discharge of his duties.

17. Right of governor to address the provincial assembly:

The governor may address the provincial assembly.

18. Right of Advocate general to speaker in the assembly:

Advocate general has right to speak in the provincial assembly.

19: Conclusion:

To conclude I can say that; Pakistan consists of four provinces which have their own provincial assemblies. provincial assembly is elected for the term of five years. they governor dissolve the provincial assembly. Provincial assembly is legislative institution for a province.

PARLIAMENT

PARLIAMENT

1. Introduction:

National assembly is the lower house of parliament. it is more powerful institution in law making and financial matters. National assembly of Pakistan is more powerful than senate.

2. Relevant provisions:

Article 23, 47, 50, 73, 91, 93, 95, 142, 143.

3. Parliament under the constitution of 1973:

Parliament is an authoritative institution. it can enact any type of law. it is a symbol of the people sovereignty. parliament in Pakistan which is known as "the Majlis-e-Shoora" consists of the president and two houses known as national assembly and the senate.

4. Organization of National Assembly:

In original constitution there were 200 seats in national assembly and 10 seats were reserved for women but in 1985 the seats were reserved to 207 and 10 seats for minorities so it became 217. now bu constitutional package the number of national assembly are as under.
Province General seats Women Total
Punjab 148 35 183
Sindh 61 14 75
N.W.F.P 35 08 43
Baluchistan 14 03 17
Fata 12 - 12
Capital 2 - 2
Minorities 10
Total 272 60+10 342

5. Conditions for voters:

Following are the conditions for voters:
1. He is citizen of Pakistan.
2. He is not less than 18 years of age.
3. He is sound minded.
4. His name exists in the electoral roll.

6. Qualification for member of national assembly:

Following are the condition/qualification for membership of national assembly.

(i) Age:

He should not be less than 35 years of age.

(ii) Citizenship:

He should be citizen of Pakistan.

(iii) Name in electoral roll:

His name should be in electoral roll.
(iv) Should not hold any office of profit:
He should not hold any office of profit in service of Pakistan.

(v) Education:

He should have Bachelor degree from an institution recognized by high education commission.

(vi) Mentally and Physically fit:

He should be mentally and physically fit. 6. Method for election of national assembly:
The members of national assembly are elected by direct method.

7. Term for national assembly:

The term of national assembly is five years, the term of five years shall commence from the day of its first meeting and shall stand dissolved at the expiration of its term.

8. Quroum:

The quroum is one-fourth membership of the assembly.

9. Summoning and prorogation of the session:

National assembly shall be summoned and prorogated by president of Pakistan.

10. Sessions:

There will be least, three sessions in a year and the interval between them shall not exceed 120 days. it is required to remain in session for at least, 130 days in a year.

11. Dissolution of national assembly:

National assembly can be dissolved by the president on the advise of prime minister but prime minister cannot give advise when resolution of vote of no confidence is under process in the house.

12. Powers and functions of national assembly:

I. Legislation:

The primary function of the national assembly is to make laws. after is passed by the assembly it is sent to the senate for its consideration. if accepted by the senate and finally presented to the president for approvals.

II. Amendment in the constitution:

National assembly has the power to amend the constitution by the two third majority votes of its total membership.

III:Administrative:

National assembly has control over administration. it control the leader of the house and ministers.

(a) Method to control the administration:

The following methods are adopted to control the administration.

(i) Questions:

The members of national assembly can put questions to the minister of the concerned department.

(ii) Adjournment Motion:

Every member has right to move motion. such event which are most important and relate to public brought to the government's notice.

(iii) Resolution:

National assembly can pass a resolution to express its view over any important matter.

(iv) Vote of no-confidence:

National assembly can pass a vote of no-confidence against the prime minister.

(v) Criticism:

National assembly can criticize the policies the federal government.

(vi) Vote of censure:

Besides criticism and questions the assembly can vote of censure against administrative acts.

IV. Financial affairs:

(i) Preparation of budget:

The budget is prepared under the supervision of the national assembly.

(ii) Approval of taxes:

National assembly gives its approval in all tax matters.

(iii) Approval of expenditures:

National assembly gives its approval on the expenditures.

(iv) Money bill originate in national assembly:

Money bills always originate in the national assembly.

(v) Power to criticize and discuss the budget:

National assembly has power to criticize and discuss the budget when it is prepared.

V. Electoral functions:

(i) Election of P. M:

National assembly elects it leader of the house it means prime minister.

(ii) Election of president:

National assembly also elects the president of Islamic republic of Pakistan.

(iii) Election of speaker and deputy speaker:

National assembly elects its own speaker and deputy speaker.

VI. Judicial powers and functions:

(i) Determination of organization of judiciary:

National assembly determines the organization of the judiciary and number of judges.

(ii) Impeachment of president:

National assembly is empowered to proceed impeachment against the president.

VII. Emergency powers and functions:

National assembly can declare emergency in the counter. When there exists a grave danger to security of Pakistan. this is in fact power of president in emergency. national assembly can make laws in this regard.

13. Conclusion:

To conclude I can say that. the parliament is the supreme institution of the country. it is a law making body. its consists of two houses national assembly and the senate. national assembly is directly elected by the people. the term of national assembly is five year. it can be dissolved by the president. the leader of the national assembly is prime minister. national assembly in Pakistan is more powerful than the senate

CONSTITUTION OF HIGH COURT

CONSTITUTION OF HIGH COURT

1. Introduction:

According to the constitution of 1973 of Islamic republic of Pakistan a high court is the highest court in a province. normally the jurisdiction of a high court is limited to its respective province.

2. Relevant Provisions:

Article 192-208.

3. Formation:

High court shall consist of a chief justice and so many other judges as may be fixed by law.

4. Appointment:

The chief justice of high court shall be appointed by the president of Pakistan after consulation with the chief justice of Pakistan and with the governor concerned the other judges shall be appointed by the president after the consulted with the chief justice of high court and governor concerned.
5. Qualifications for judges:

The judge of high court must have the following qualifications:

(a) He must be a citizen of Pakistan.
(b) He should not be less than 40 years of age.
(c) He has been advocate of high court for at least ten years or
(d) He has been in civil service for minimum served as a district judge for three years or
(e) He has held a judicial office in Pakistan for a period of not less than ten years.

6. Oath of Office:

(a) Chief justice:

The chief justice take oath of his office before the governor.

(b) Other judges:

The other judges of high court shall take oath of office before the chief justice of the high court.

7. Term of office:

Retiring age for the judge of high court is 62 years.

8. Acting chief justice:

In absence of chief justice president may appoint, the senior most judge to act as chief justice.

9. Additional judges:

The president may appoint any such person who is qualified to be a judge to be a additional judge for a certain period. if there is need to increase the number of judges of a high court.

10. Seat of the high court:

Each high court have its principal seat at the place where it had such seat at the time of its establishment.

11. Salary and facilities:

The chief justice and other judges of a high court get fixed remuneration per month. they are also given accommodation, pension and allowances.

12. Restrictions:

A judge of high court shall not hold any office of profit in service of Pakistan until the expiration of two years from the date of their retirement. however they may be appointed in judicial and Quasi-Judicial services. the retired judge from high court can not practice in any court with in the jurisdiction of the principal seat of high court but he can appear before a court which did not fall with in their previous jurisdiction.

13. Removal of Judges:

A judge can be removed from his office if he is unable to perform his duties due to physical or mental incapacity or he has been guilty of gross mis-conduct. the president can direct supreme judicial council to inquire into matter. if council finds him incable perform his duties the president may remove the judge from the office.

14. Transfer of judges:

The president may transfer a judge from one high court to another high ccourt but no judge shall be transferred except with his consent.

15. Powers and functions of high court:

I. Original jurisdiction:

High court has original jurisdiction in certain matters such as the case of contempt of court and writs etc.

(a) Order of Habeaus Corpus:

High court can make order directing that a person in custody within territorial jurisdiction of the court be brought before it so that the court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner.

(b) Order of mandamus:

If the fundamental rights of any person have been effected the court may, on his application, order any person, authority or government which is deemed necessary for the enforcement of any such fundamental rights.

II. Appellate jurisdiction:

The high court has appellate jurisdiction to hear appeals against the orders decrees and judgements of the subordinate.

III. Supervisions of subordinate courts:

The high court in the province supervises the work of the subordinate courts.

(c) Order of prohibition:

High court can direct a person performing within the territorial jurisdiction of the court, functions in connection with the affairs of the federation, province, or a local authority, to refrain from doing he is not permitted by law.

(d) Order of certiorari:

High court can declare any act done by a federal, provincial or local authority functionary has been done without lawful authority and is of no legal effects.

16. Binding effect of the decisions of the high court:

The decisions of high court shall be binding effect on the courts subordinate to the high court.

Case Law 1968 Lah. 148

Judgment of light court whether reported or unreported would have binding effect.

17. Appeal to the supreme court:

Appeals against the decisions of the high court lie before the supreme court.

18. Conclusion:

To conclude I can say that; the judicial organisation of a province is headed by a high courts in the province. the high court consists of a chief justice as many other judges as may be fixed by law. every province in Pakistan have a high court of its own. the parliament may by an act extend the jurisdiction of any high court to any area in Pakistan.