Judge Panhor, in his dissenting note, ruled that this was a case of rape and that the conviction should have been upheld.
Police officers walk past the Supreme Court of Pakistan building, in Islamabad, Pakistan April 6, 2022. REUTERS
ISLAMABAD:
The Supreme Court transformed a conviction for rape into a case of consensual adultery, reducing the accused’s sentence from 20 years’ imprisonment to five years’ imprisonment and lowering the fine from Rs 500,000 to Rs 10,000. Failure to pay, the accused will be sentenced to an additional two months’ imprisonment.
According to a detailed six-page judgment written by Justice Malik Shahzad Khan and approved for publication, the majority of judges held that the recorded evidence did not prove the offense of rape but established consensual sexual relations.
However, Justice Salahuddin Panhor disagreed with the majority decision.
The court observed that although in cases of consensual adultery the complainant may also be liable to punishment, the complainant in the present case was neither impleaded nor given an opportunity to defend himself during the trial. Therefore, the Supreme Court ruled that no sanctions could be imposed on him on appeal without a hearing being granted.
Referring to the facts of the case, the court noted that the FIR was filed almost seven months after the alleged incident. The prosecution did not explain how the accused knew that the complainant would be present at the scene at a specific time.
The judgment noted that the plaintiff did not resist during the incident, no traces of violence or injury were found in the medical report, and the plaintiff’s clothes were not presented as evidence or torn.
Justice Salahuddin Panhor, in his dissenting note, ruled that this was a case of rape and the conviction should have been upheld.
He observed that many rape cases go unreported due to social pressure, stigma and threats, and delay in filing an FIR should not be used against the victim. He also noted that the absence of resistance in the presence of a weapon and the absence of injuries after months were not unusual in such cases.
