| Case ID |
0a7fb710-f546-43f4-b4d1-13f4afa712b3 |
| Body |
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| Case Number |
Criminal Appeal No. 51 of 1981 |
| Decision Date |
Nov 29, 1983 |
| Hearing Date |
Nov 29, 1983 |
| Decision |
The Supreme Court of Pakistan accepted the appeal of the appellants, Muhabat Hussain and Mst. Karam Nishan, setting aside their convictions and sentences related to the charges of abduction and rape. The Court found that the prosecution failed to provide conclusive evidence regarding the age of the abductee, Mst. Nasreen Akhtar, which is crucial in determining the legal implications of consent in such cases. The evidence presented did not establish that the abductee was under sixteen years of age at the time of the incident, which would render any consent irrelevant. The Court noted the lack of corroborative evidence supporting the prosecution's claims and highlighted doubts regarding the integrity of the prosecution's case. Consequently, the appellants were acquitted, and their bail bonds were discharged. |
| Summary |
In the landmark case of Muhabat Hussain and Mst. Karam Nishan vs. The State, the Supreme Court of Pakistan addressed critical issues surrounding abduction and rape laws under the Penal Code. The appellants were accused of abducting Mst. Nasreen Akhtar and subjecting her to sexual intercourse against her will. The Court's ruling emphasized the necessity of clear and conclusive evidence regarding the age of the victim, as her age significantly impacts the legal interpretation of consent. The Supreme Court underscored that if the victim is under sixteen years of age, consent becomes irrelevant to the prosecution's case. This decision is pivotal in shaping future cases involving sexual offenses, particularly concerning the evidentiary standards required to uphold convictions in abduction and rape cases. The case highlighted the importance of robust legal representation, the role of the judiciary in ensuring justice, and the necessity for stringent evidence to support allegations of serious crimes. Keywords such as 'abduction case law', 'Supreme Court ruling on rape', 'legal age of consent', and 'Pakistan Penal Code' are essential for understanding the implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
M. S. H. QURAISHI,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Malik Rab Nawaz Noon, Advocate Supreme Court,
Khan Imtiaz Muhammad Khan, Advocate-on-Record for Appellants,
Ch. Ghulam Ahmad, Advocate Supreme Court,
Ejaz Ahmad Khan, Advocate-on-Record for the State
|
| Petitioners |
MUHABAT HUSSAIN,
Mst. Karam Nishan
|
| Respondents |
THE STATE
|
| Citations |
1984 SLD 495,
1984 SCMR 386
|
| Other Citations |
Harditta v. Emperor A I R 1925 Lah. 274,
Muhammad Abdul Khaleque v. State P L D 1960 S C 325
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860)
|
| Sections |
3,
366,
376
|