| Citation(s) |
|---|
| 2022 SLG 575 2022 SLD 575 2022 PLD 263 |
Lahore High Court
Criminal Miscellaneous No. 43708-B of 2021, decided on 6th August, 2021. Dates of hearing: 3rd, 4th, 5th and 6th August, 2021.
ALI ZIA BAJWA, JUSTICE
Mudassar Ali Kamboh for Petitioner. Mirza Nassar Ahmed, Additional Attorney General and Asad Ali Bajwa, Deputy Attorney General for the State. Mian Faiz Ali and Asif Mehmood Khan for the Complainant.
Criminal Miscellaneous No. 43708-B of 2021, decided on 6th August, 2021. Dates of hearing: 3rd, 4th, 5th and 6th August, 2021.
ALI ZIA BAJWA, JUSTICE
Mudassar Ali Kamboh for Petitioner. Mirza Nassar Ahmed, Additional Attorney General and Asad Ali Bajwa, Deputy Attorney General for the State. Mian Faiz Ali and Asif Mehmood Khan for the Complainant.
YASIR
VS
THE STATE AND ANOTHER
Law:
Section:
(a) Anti-Rape (Investigation and Trial) Ordinance (XVI of 2020)--- ----Preamble S. 9---Investigation in respect of Scheduled offences---Scope---Rape and other forms of sexual assault are a life devastating and traumatic tragedies for any woman, equally burdensome is the process to bring the culprits of such incidents to book---Rape survivors immediately, after the misfortune, face an ill-disposed criminal justice system which encompasses rigors of medical examination, untrained investigation officers, less equipped prosecutorial system, scandalous/ embarrassing cross-examinations, agony of prolonged trial, threats to life and a social stigma of being a rape victim. (b) Anti-Rape (Investigation and Trial) Ordinance (XVI of 2020)--- ----S. 9---Investigation in respect of Scheduled offences---Scope---Investigation of cases pertaining to sexual assault always remains focal point for the reformers of criminal justice system, as investigation of a criminal case is bedrock for carrying out successful prosecution of a criminal case, therefore flawed investigation often results in miscarriage of justice---Police officers are the gatekeepers of the criminal justice system and are usually the first to come into contact with crime victims---As such, they exert major influence on both the victim and the case---Under S. 9 of the Anti-Rape (Investigation and Trial) Ordinance, 2020, special procedure for investigation of cases pertaining to sexual assault has been provided to ensure a fair and impartial investigation through competent and senior police officers. Salman Akram Rajas case 2013 SCMR 203; Irfan Ali Shers case PLD 2020 SC 295 and Babars case 2020 SCMR 761 ref. (c) Anti-Rape (Investigation and Trial) Ordinance (XVI of 2020)--- ----Preamble S. 9---Investigation in respect of Scheduled Offences---Scope---Anti-Rape (Investigation and Trial) Ordinance, 2020 was promulgated to cater the shortcomings and failings of investigation procedure and of trials in cases of sexual assaults. (d) Anti-Rape (Investigation and Trial) Ordinance (XVI of 2020)--- ----Ss. 9 22---Investigation in respect of Scheduled offences---False investigation or complaint---Scope---If Anti-Rape…
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