| Case ID |
0a4570d0-ff78-4ee4-853a-eb5d5c99c881 |
| Body |
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| Case Number |
Criminal Appeal No. 251 of 2020 and Criminal Petit |
| Decision Date |
Jan 04, 2021 |
| Hearing Date |
Jan 04, 2021 |
| Decision |
The Supreme Court upheld the convictions and sentences of the accused for gang rape, finding that the prosecution had proven its case beyond reasonable doubt. The testimonies of the complainant and corroborating witnesses were deemed credible and reliable, and the medical evidence supported the claims of rape. The appeal by the accused was dismissed, maintaining their life sentences. However, one of the accused, Nafees Ahmad, was acquitted based on reasonable doubt regarding his identification and involvement in the crime, following the principle that it is better to release a guilty person than to wrongfully convict an innocent one. |
| Summary |
This case addresses critical issues surrounding gang rape and the judicial process in Pakistan, emphasizing the importance of credible testimonies, medical evidence, and the treatment of victims in court proceedings. The Supreme Court's decision highlights the legal standards for proving rape, the role of forensic evidence, and the inadmissibility of questioning a victim's character. The ruling underscores the need for judicial reforms to ensure that victims are treated with dignity and that their rights are protected throughout the legal process. The case also draws attention to the societal attitudes towards victims of sexual violence and the necessity for legal frameworks that uphold their dignity and protect them from character assassination during trials. The ruling reinforces that the identity of the accused must be established beyond reasonable doubt and affirms the legal principle of benefit of doubt. This case is a landmark decision that seeks to improve the handling of sexual assault cases in Pakistan, ensuring that justice is served while respecting the rights and dignity of victims. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MANZOOR AHMAD MALIK, JUSTICE,
MAZHAR ALAM KHAN MIANKHEL, JUSTICE,
SYED MANSOOR ALI SHAH, JUSTICE
|
| Lawyers |
Sardar Abdul Raziq Khan, Advocate Supreme Court for Appellants/Petitioners,
Mirza Abid Majeed, DPG for the State
|
| Petitioners |
Atif Zareef and others
|
| Respondents |
THE STATE
|
| Citations |
2021 SLD 1700,
2021 PLD 550
|
| Other Citations |
State of U.P. v. Munshi AIR 2009 SC 370,
Shakeel v. State PLD 2010 SC 47,
Shahzad v. State 2002 SCMR 1009,
PLD 2009 FSC 65
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
376(2),
376
|