ISLAMABAD: The Supreme Court has acquitted a man accused of involvement in a rape case by giving him “the benefit of the doubt”, stating that the case was of a “peculiar” nature.

The suspect, Hussain, was nominated in an incident on May 12, 2014, in which a woman was raped by two people in a moving car in Mansehra. The rapists were convicted, and their conviction was upheld by the Peshawar High Court (PHC) last year.

Hussein, meanwhile, was convicted by a trial court, but partially cleared of the charges by the PHC, which ruled that he had abetted the crime. He then appealed the high court order before the SC.

The order issued on Wednesday by a three-member bench of the SC, headed by Chief Justice Asif Saeed Khan Khosa, said: “The alleged victim was a grown up girl and there is no evidence available on the record to establish that she had tried to escape from the motorcar or that the appellant had in any manner foiled her attempt in that regard.”

“In these peculiar circumstances of the case there are serious doubts available vis-à-vis the allegation of abetment levelled against the appellant. It could well be that the appellant knew that some sexual activity was taking place on the back seat of the motorcar and that he had kept quiet.”

The court observed that “we have not been able to answer that question in the positive.”

Subsequently, the bench held: “In this view of the matter the appellant has to be extended the benefit of doubt.

“This appeal is, therefore, allowed, the conviction and sentence of the appellant are set aside and he is acquitted of the charge by extending the benefit of doubt to him.”

Published in Dawn, March 14th, 2019