Supreme Court Modifies Rape Conviction to Fornication in Controversial Case
Islamabad 06-07-2024: In a significant and contentious ruling, the Supreme Court of Pakistan has modified the conviction of convict person from rape to fornication, reducing his sentence from ten years to five years. The decision, rendered by a majority of 2:1, has stirred considerable debate, particularly due to the strong dissenting opinion by Ms. Justice Ayesha A. Malik.
Mumtaz Bibi, the complainant, accused Muhammad Imran of raping her on the evening of July 11, 2016, when she was alone at her brother’s house. The prosecution supported its case with a prompt FIR, medical examination, and a DNA test matching the petitioner. Imran was convicted by the trial court, receiving a ten-year sentence for rape (Section 376 PPC) and a two-year sentence for house-trespassing (Section 449 PPC). The Lahore High Court upheld this conviction in May 2023.
The Supreme Court’s majority opinion, authored by Mr. Justice Malik Shahzad Ahmad Khan with the concurrence of Mr. Justice Jamal Khan Mandokhail, found that the evidence did not support a rape conviction. They noted delays in filing the FIR and absence of physical resistance as indicators of consensual intercourse, thereby modifying the conviction to fornication (Section 496-B PPC) and reducing the sentence to five years. The trespassing conviction was also adjusted to house-trespass (Section 448 PPC) with a reduced sentence.
Ms. Justice Ayesha A. Malik strongly dissented, asserting that the prosecution had sufficiently proven the rape charge. She emphasized the DNA evidence and consistent testimony of the complainant. Ms. Justice Ayesha A. Malik criticized the majority for imputing consent without substantial evidence and highlighted the importance of respecting the complainant's dignity and rights. She argued that the absence of physical resistance does not negate the occurrence of rape and underscored the significance of the prompt reporting and medical examination.
This ruling underscores the ongoing challenges in adjudicating cases of sexual violence in Pakistan. The decision to reclassify the crime from rape to fornication has sparked discussions about the standards of evidence and the treatment of victims in the legal system. Legal experts and women's rights activists have expressed concerns over the implications of this judgment on future rape cases.
The Supreme Court’s decision has also brought attention to the need for legal reforms to ensure that victims of sexual violence receive fair and just treatment under the law.
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