By Adnan Rafique
ISLAMABAD: The Supreme Court on Thursday granted bail to Mudassir, an accused in a rape case, after hearing arguments concerning the investigation, evidence, and relevant legal points.
During the proceedings, Justice Jamal Khan Mandokhail observed that the more serious the allegation, the more thorough and credible the investigation must be.
Counsel for the accused argued that his client completely denied the charge.
The state counsel informed the court that the investigation had revealed the girl had been residing in the accused’s house. Justice Mandokhail asked whether the medical report also supported the prosecution’s stance.
The state counsel responded that the medical examination had been conducted after a delay of two months.
Justice Malik Shahzad remarked that the burden of proving the allegation rests with the complainant and cannot be shifted onto the accused. Justice Musarrat Hilali questioned why a father would falsely accuse someone and subject his daughter to public scrutiny. Justice Mandokhail noted that many such incidents never get reported.
Justice Mandokhail further remarked that not every case constitutes rape, while the state counsel argued that families often remain silent due to concerns about their daughters’ honour. Justice Hilali added that if a woman herself alleges rape, that in itself is a strong piece of evidence.
Justice Malik Shahzad observed that a conviction cannot be based solely on the testimony of the girl.
Justice Mandokhail also questioned whether anyone had ever been punished for consensual relations and whether consent could be treated under sections relating to coercion.
He emphasized that punishment must correspond strictly to the nature of the offence proved.
The court was informed that the case had been registered last year in Toba Tek Singh on the complaint of the girl’s father. After hearing all parties, the Supreme Court approved Mudassir’s bail.
