SC exonerates man jailed in rape case over false testimony by complainant | Pakistan Today

SC exonerates man jailed in rape case over false testimony by complainant

–Apex court also acquits another man in rape case after eight years 

ISLAMABAD: The top court on Thursday acquitted a man sentenced to jail by the Lahore High Court (LHC) on rape charges after it was proved that the complainant gave a false statement before the high court.

The victim’s father had filed a petition in 2010 against the two men alleging them of raping his daughter in Sheikhupura. One of the suspects was convicted, while the second is still absconding.

Lashing out at petitioner Bashir Ahmed for giving a false statement in the court, Chief Justice of Pakistan (CJP) Asif Saeed Khosa said that justice cannot be done until false witnesses are dealt with.

The CJP further said that the accused could have been sentenced to death owing to the false statement by Bashir Ahmed.

Justice Khosa remarked: “How about we sentence you for life over giving a false statement before the court, Mr Bashir?”

The CJP further said that if the court takes action against you, people would say that the court sent a man to a prison whose daughter was raped.

Criticising the high court for “ignoring evidence”, Justice Khosa said that high court is a senior court and “if a judge cannot do justice he should go home”. He pointed out that Ahmad has changed his statement before the court twice.

The chief justice, however, said it is not “court’s job” to investigate “which witness is honest and which is a liar” but an investigation officer’s job.

Justice Khosa overturned the high court’s verdict and made the victim’s father promise that he will not lie.

SAHIWAL RAPE CASE:

In another case related to the alleged rape of a woman in Sahiwal, the Supreme Court acquitted a man, Nadeem Masood, eight years after he was sentenced to jail on the basis that false accusations were levelled against him.

During the hearing, the CJP remarked that the appellant was in consensual relationship with the accused for seven months and during that time she never filed any complaint against the accused. The appellant lodged a case when she was two-week pregnant, he noted and added that the medical reports showed no evidence of rape.

The woman argued that Masood was a powerful man and had violated her numerous times that had led to her conceiving a child.

The woman’s father pleaded to “do justice”. To this, the CJP said that these days justice is only a decision which is favourable to a party and if it’s not favourable that it is not considered justice.

He further remarked that defence had been unable to prove its claims.

A sessions court first heard both cases and awarded jail sentences to both the accused. An appeal was then filed in the LHC which had upheld the decisions.



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