The Supreme Court of Pakistan has reduced a rape conviction to a case of consensual adultery, significantly cutting the punishment of the accused. The jail term was reduced from 20 years to five years of rigorous imprisonment, while the fine was lowered from Rs500,000 to Rs10,000.
In its six-page judgment, written by Justice Malik Shahzad Khan, the court said the majority of the bench was not convinced that the evidence proved rape. Instead, it concluded that the material on record showed consensual sexual relations between the accused and the complainant.
The judgment noted that while consensual adultery is also a punishable offence under the law, the complainant could not be penalised in this case. The court explained that she was neither issued a challan nor given a chance to defend herself during the trial. Because of this, no punishment could be imposed on her at the appeal stage without violating her right to a fair hearing.
The court highlighted several weaknesses in the prosecution’s case. One key point was the delay of nearly seven months in registering the First Information Report (FIR), which the prosecution failed to properly explain. The judgment also questioned how the accused allegedly knew the complainant would be present at a specific place and time.
Medical evidence also played a major role in the decision. According to the court, there were no marks of violence or injuries found during the medical examination. Additionally, the complainant’s clothes were neither presented as evidence nor shown to be torn. The court further observed that there was no resistance during the incident, which weakened the rape charge in the view of the majority judges.
However, the decision was not unanimous. Justice Salahuddin Panhor strongly disagreed with the majority opinion. In his dissenting note, he said the case clearly amounted to rape and the original conviction should have been upheld.
Justice Panhor pointed out that many rape cases are reported late due to fear, social pressure, stigma, and threats. He stressed that delays in lodging an FIR should not automatically be used against victims. He also added that a lack of resistance, especially when a weapon is involved, and the absence of injuries after a long time are not unusual in rape cases.
The verdict has sparked debate, with legal experts and rights activists expected to closely examine its wider impact on future sexual violence cases.
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