ISLAMABAD, Sept 30: The Supreme Court on Monday decided to examine the question whether the offence of gang rape was compoundable and the victim was empowered to pardon the accused.

The apex court also announced to examine the question of the sentence of gang rape, as under the existing law, section 10(4) of the Offence of Zina (Enforcement of Hadood Ordinance 1979, provides mandatory death sentence.

The Supreme Court bench comprising Chief Justice Shaikh Riaz Ahmad, Justice Mian Mohammad Ajmal and Justice Mohammad Nawaz Abbasi, decided to issue notice to the attorney-general for his views on the issue.

The issue came to the spotlight when the five gang rapists, who are on death row, filed a review petition, supported by an affidavit by the victim, saying that she had forgiven them in the name of Allah.

The petitioners, Muhammad Mushtaq and others, were convicted under section 10(4) of the offence of Zina (Enforcement of Hadood Ordinance 1979) and sentenced to death for committing Zina with Surraya Bibi, wife of Mohammad Boota.

Their appeal was dismissed by the Lahore High Court maintaining their conviction recorded by the trial court. The Supreme Court had also dismissed their appeal on Oct 20, 2001.

They had filed a review petition, and submitted an affidavit on April 11, 2002, whereby, she has forgiven the petitioners in the name of God and Holy Prophet.

The affidavit stated that she would have no objection if all the petitioners were acquitted.

Advocate Mohammad Munir Paracha on Monday contended that the victim had forgiven the accused petitioners in exercise of Haqooq Ul Ibad which was permissible as laid down in PLD 1985 FC(139), wherein, it was held that the compromise was effective in Tazir by Wali as well as the victim in matter of “Haqooq Ul Ibad”.

He further contended that the appellants were sentenced under Tazir and not Hadd. The court was prayed to consider the affidavit of the victim and acquit the petitioners who were convicted on the charges of gang rape.