LHC overturns rape conviction after finding major ‘flaws’ | The Express Tribune

The Lahore High Court has overturned the conviction of a man in a rape case, citing significant loopholes in the prosecution, including delayed reporting, contradictions in statements, and lack of forensic evidence.

Justice Abher Gul Khan acquitted the accused, Amanullah, who had previously been sentenced to life imprisonment by a trial court in Gujrat. The court gave him the benefit of the doubt, noting that the alleged incident occurred on October 4, 2016, but the FIR was filed ten days later without explanation.

The complainant made contradictory statements, initially claiming that the accused threatened to release a video, and later denying making such a claim.

The medical examination was conducted 11 days after the incident and showed no signs of violence. Forensic tests by the Punjab Forensic Science Agency found no semen and ruled out sexual intercourse.

Additionally, a CD presented during the trial contained no video, photographs submitted as evidence did not show the accused’s face, and the alleged torn clothes were never produced.

Earlier, an Additional Sessions Judge in Gujrat had convicted Amanullah based on the FIR, registered at Jalalpur Jattan City police station under Section 376-I PPC, awarding life imprisonment, a Rs50,000 fine, and Rs300,000 compensation.

Citing Supreme Court precedents, the LHC held that convictions cannot stand without “unimpeachable evidence” and that any reasonable doubt must benefit the accused.

Concluding that the prosecution failed to prove the crime, the court set aside the conviction and acquitted Amanullah. Since he was already on bail, his surety was discharged.