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Rape

Rape, defined under Section 375 of the PPC, is a serious offense punishable by death or life imprisonment. It involves non-consensual sexual intercourse and carries severe legal repercussions.
Rape is considered a heinous crime under Pakistani law. It is prosecuted under the Pakistan Penal Code (PPC) and The Protection of Women (Criminal Laws Amendment) Act, 2006. Rape includes both forced intercourse and statutory rape.
Our Services:
  • Legal Consultation: Providing comprehensive legal advice on the intricacies of rape laws and victims’ rights.
  • Filing FIRs: Assistance in registering First Information Reports (FIRs) with the police, ensuring proper documentation of the case.
  • Case Representation: Representing victims in court, advocating for their rights, and ensuring that their voices are heard during legal proceedings.
  • Evidence Collection: Guidance on gathering and preserving evidence crucial for strengthening the case.
  • Psychological Support: Collaborating with mental health professionals to provide necessary psychological support to victims.
  • Plea Bargaining: Negotiating with the prosecution for possible plea deals in certain cases.
  • Victim Advocacy: Ensuring that victims are aware of their rights and the resources available to them throughout the legal process.
Procedures:
  • Filing an FIR: Victims must report the crime to initiate legal proceedings.
  • Medical Examination: Victims undergo a medico-legal examination to collect forensic evidence. This includes DNA swabs, injury analysis, and documentation of trauma. The examination must be conducted within 72 hours to retain the integrity of evidence.
  • Forensic Analysis: DNA samples are tested in a forensic lab to confirm the identity of the perpetrator.
  • Investigation: The police gather evidence, witness statements, and forensic reports.
  • Trial: The prosecution presents its case, which includes medical and forensic evidence. Rape cases are tried in Sessions Court.
    • Testimony: Victim testimony is often critical in rape cases, and their examination follows the Qanun-e-Shahadat Order, 1984.
    • Cross-examination: The defense may question the victim’s testimony, but the court must ensure no character assassination under the Protection of Women Act.
  • Judgment: Upon conviction, the accused can face severe penalties including life imprisonment or the death penalty.
  • Appeals: The convicted person may file an appeal with a higher court for sentence reduction or reversal.
Important Data:
  • The legal system prioritizes fast-track trials in rape cases.
  • Punishment: Rape is punishable under Section 376 PPC with death or imprisonment for a term up to 25 years.
Time Limitations

The trial must begin within 30 days of the FIR being lodged, with verdicts ideally delivered within 90 days as per the CrPC.

Important Judgments:
  • State vs. Zainab Bibi (PLD 2018 Lahore 367): Clarified the definitions and punishments for rape.
  • Ali Muhammad vs. State (2020 PCrLJ 1089): Emphasized the need for medical evidence in rape cases.
  • Saeed Ahmed vs. State (2019 SCMR 303): Discussed the burden of proof in rape trials.
  • Asma Jehangir vs. Federation (PLD 2017 SC 708): Addressed women's rights in the context of rape.
  • Muhammad Azhar vs. State (2018 MLD 1868): Established standards for the conduct of police investigations.
  • Shahid Iqbal vs. State (2017 YLR 2311): Set precedent on the importance of timely reporting of rape.
  • Farooq vs. State (2019 SCMR 108): Clarified the role of consent in sexual offenses.
  • Zakir vs. State (PLD 2016 Peshawar 1): Addressed issues surrounding false accusations.
  • Abdul Rasheed vs. State (2018 YLR 470): Discussed the evidentiary requirements in rape trials.
  • Khadija Siddiqui vs. State (2019 YLR 309): Highlighted the importance of victims' testimonies in securing convictions.
Relevant Laws
  • Pakistan Penal Code (PPC): Sections 375-376
  • Criminal Law (Amendment) (Offense of Rape) Act 2016: Enhances the legal framework for the prosecution of rape cases.
  • Protection of Women (Criminal Laws Amendment) Act, 2006

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