LAHORE: The Lahore High Court has acquitted a man of rape charge as the prosecution failed to prove its case.

An additional district and sessions judge of Arifwala had handed down 15-year imprisonment to Zafar Iqbal under section 376 (offense of rape) and three-year jail term under section 382 (offence of theft) of the Pakistan Penal Code.

As per the prosecution story, the appellant committed rape on the complainant and also took away Rs2,500 from the box lying in the room of the complainant.

Allowing the appeal of the convict, Justice Sardar Ahmad Naeem observes that the prosecution has not explained why the victim was medically examined after three days.

He notes that the last worn clothes of the victim were not produced before the medical officer or secured during the investigation.

The judge observes that the medico-legal report suggested that the swabs were dispatched to the chemical examiner and the opinion of the medical officer was subject to the result of the said swabs, but neither the report of the chemical examiner was available on record nor taken during the investigation.

The judge further observes that benefit of the doubt, if found in the prosecution case, the accused shall be held entitled to the benefit. He says the golden rule of benefit is initially a rule of prudence which cannot be ignored, while dispensing justice in accordance with law.

“It is based on the maxim that it is better to acquit 10 guilty persons rather than to convict one innocent person,” Justice Sheikh observes in his verdict. He maintains that for acquittal of the accused in an offense, how so heinous it may be, only a single doubt in the prosecution evidence is sufficient.

The judge set aside the conviction of the appellants and acquitted him.

Published in Dawn, March 29th, 2022