The Supreme Court (SC) has converted a rape conviction into a case of consensual adultery, reducing the sentence of the accused from 20 years in jail to five years’ rigorous imprisonment.

 

The imposed fine was also reduced from Rs500,000 to Rs10,000; however, in case of default, the accused will serve an additional two months in prison.

 

In a six-page judgment, authored by Justice Malik Shahzad Khan of the apex court, it was said that the majority of the bench found the evidence did not prove rape, but established consensual sexual relations.

 

While Justice Salahuddin Panhor dissented from the majority view, the court noted that in cases of consensual adultery, the complainant may also be liable to punishment.

 

However, in this case, she was neither served a challan nor given the opportunity to defend herself during trial. The court ruled that no punishment could be imposed on her at the appellate stage without granting a hearing.

 

Referring to the facts, the judgment highlighted that the FIR [First Information Report] was lodged nearly seven months after the alleged incident and the prosecution failed to explain how the accused knew the complainant would be present at the location at a specific time.

 

The judgment further pointed out that the complainant did not resist during the incident, no marks of violence or injuries were found in the medical report and her clothes were neither produced as evidence nor shown to be torn.

 

In his dissenting note, Justice Panhor maintained that the case was one of rape and the conviction should have been upheld. He observed that many rape cases go unreported due to social pressure, stigma and threats, and delay in lodging an FIR should not be used against victims.

 

He added that a lack of resistance in the presence of a weapon and absence of injuries after months were not unusual in such cases.