Judge Panhor, in his dissenting note, held that the case was one of rape and that the conviction should have been upheld.
Police officers walk past Pakistan’s Supreme Court building, in Islamabad, Pakistan, April 6, 2022. REUTERS
ISLAMABAD:
The Supreme Court has converted a rape conviction into a case of consensual adultery, reducing the accused’s sentence from 20 years’ imprisonment to five years’ rigorous imprisonment and reducing the fine from Rs 500,000 to Rs 10,000. In case of non-payment, the accused will be subjected to an additional two months in prison.
According to a detailed six-page judgment written by Justice Malik Shahzad Khan and approved for his report, the majority of the court held that the evidence on record did not prove the crime of rape, but rather established consensual sexual relations.
However, Justice Salahuddin Panhor dissented from the majority decision.
The court observed that while in cases of consensual adultery the perpetrator may also be punished, in the present case the perpetrator was neither reprimanded nor given the opportunity to defend himself during the trial. Therefore, the Supreme Court ruled that no sanction could be imposed on him at the appeal stage without granting him a hearing.
Referring to the facts of the case, the court noted that the FIR was lodged 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 certain time.
The ruling noted that the complainant did not resist during the incident, no marks of violence or injuries were found in the medical report and the complainant’s clothing was not presented as evidence nor was it shown to be torn.
Judge Salahuddin Panhor, in his dissenting note, held that this was a case of rape and that the conviction should have been upheld.
He observed that many rape cases go unreported due to social pressure, stigma and threats and that delay in lodging an FIR should not be used against the victim. He also noted that the lack of resistance in the presence of a weapon and the absence of injuries after months were not unusual in such cases.
