Judge rejects bail plea, refusing to give consideration to delayed registration of rape case

A district and sessions court has dismissed a post-arrest bail plea filed by a man arrested for allegedly sexually abusing his minor neighbour.

Hamza was booked and arrested over the accusation that he raped a 16-year-old girl within the jurisdiction of the Baloch Colony police station. Additional Sessions Judge (South) Ashraf Hussain Khowaja pronounced his verdict after hearing arguments from both sides. He observed that the accused was not entitled to the concession of bail as the alleged offence was heinous and covered by prohibitory clause of Section 497(1) of the Code of Criminal Procedure (CrPC).

The judge observed that delay in lodging complaints in rape cases was immaterial due to trauma suffered by victims and their families as well as perception of dishonour. Besides, he added, rape was a crime that was always committed in private, due to which unavailability of witnesses was also immaterial.

“DNA evidence has only corroborative value, which will not negate the ocular account,” the judge said. “At the time of incident, the victim was less than 16 years old, hence, her consent, if any, would be immaterial as per definition of rape contained [in the] Section 375 [of] PPC.”

Legal Aid Society's lawyer Bahzad Akbar Gabol, who represented the complainant, contended that the accused also filmed the incident on his mobile phone that had been sent to a forensic lab. He said the victim was a minor who in her statement under the Section 164 of the CrPC fully implicated the accused. He pleaded with the court to dismiss the bail plea of the accused.

On the other hand, the defence lawyer argued that his client was innocent and had been framed in the case. He said the FIR was lodged after a delay of about two months and no video of the alleged incident was found in the mobile phone of the applicant. He added that the DNA report of the alleged victim also turned out to be negative.

An FIR was lodged under the Section 376 (punishment for rape) of the Pakistan Penal Code at the Baloch Colony police station on the complaint of the victim's father.

The complainant stated that his daughter, who lived with her mother after their separation, informed him over phone on February 15 that on November 25 last year, the accused entered their house and sexually abused her.