Law: Pakistan Penal Code (PPC),1860

Section: 376,496-B

Summary

Justice Salahuddin Panhwar dissented from the majority Supreme Court order in the Hassan Khan rape case involving victim Farhat Bibi, upholding the original conviction under Section 376 PPC rather than altering it to fornication under Section 496-B PPC. He dismissed concerns over the seven-month FIR delay, absence of injury marks, and DNA report authenticity, citing societal stigma, threats, and scientific preservation practices. The petition for leave to appeal was refused, maintaining the conviction.-

Core Points

• Delay in FIR reporting is immaterial in rape cases due to societal taboos, family stigma, victim's youth, parental loss, and threats, as held in Mehboob Ahmad, Irfan, and Zahid cases.-
• No injury marks do not favor the accused, as the perpetrator wielded a weapon inducing fear, and medical exam occurred months later.-
• DNA report from PFSA remains reliable despite 1.5-year gap, as DNA is extracted and preserved promptly in libraries or dried conditions, per expert input.-
• Sections 376 (rape, non-consensual) and 496-B (fornication, willful consensual intercourse) are distinct; conviction cannot shift without proving consent beyond reasonable doubt via cogent evidence.-
• Courts cannot discredit DNA for one charge then rely on it for another, or assume consent from failed rape proof.-

Key Laws and Sections

Salahuddin Panhwar, J. I have gone through the order authored by my learned brother, Mr. Justice Malik Shahzad Ahmad Khan, however, I humbly disagree with the views expressed by my brother in bench, therefore, I hereby choose to express my own views for dismissing this petition.