While announcing a verdict under Gender Based Violence (GBV) law during adjudication of a Swedish lady rape case, an Additional Session Judge of the Islamabad Humayun Dilawar awarded the convicted person a sentence of imprisonment for the remainder period of natural life with fine of one million rupees.
A special GBV court conducted the trial established under the Anti Rape (Investigation and Trial) Act 2021 and case was concluded in nine months.
It is pertinent to mention that the judge completed hearing of the heinous crime in just six months and nine days after receiving police report amid applying domestic and global law approaches while deciding the case on merit. Representing the victim before the court the UN recommended lawyer for the Gender Based Security Incidents (GBSI) and Legal Advisor for National Commission on the Status of women Sharafat Chaudhry represented the victim and argued for conviction of the accused successfully.
While representing the victim/complainant Sharaft argued that the statement of victim remained unshakeable even through a lengthy and exhaustive cross examination, chain of evidence is unshakable and the medical and forensic evidence strongly corroborated. He further argued than even the victim’s sole statement is enough to convict the assailant when it is corroborated with DNA forensic evidence. He contended that a person who has committed such a heinous offence which is against law, social norms and public morality should be punished severally.
Authoring a 26-page verdict in the matter, the Judge Hamayun Dilwar said, “This is a case of rape of 30 years old Swedish national working as fellow in multilateral organization in Pakistan allegedly by Muhammad Safeer as security guard of Haris Company. On account of her fear of death at the hands of the accused she remained helpless. She convinced the accused so he turned light on and hence she identified the culprit as accused. After this sexual assault accused offered to marry the complainant and not to disclose the incident to any one then decamped from the spot”.
UN Recommended lawyer for the Gender Based Security Incidents (GBSI) and Legal Advisor for National Commission on the Status of women Sharafat Chaudhry cross examined the convicted person successfully.
The Judge Humayun Dilawar stated in the order, “The ocular, circumstantial and medical evidence, as adduced in the case, fits in each other making them a synchronized whole and so the charge against the accused has been proved beyond shadow of any reasonable doubt”.
Agreeing with arguments of Assistant District prosecutor Rana Hassan Abbas and victim’s counsel Sharafat Chaudhry the GBV court Judge stated, Keeping in view the fore-discussed prosecution’s evidence, and the record, this court finds it more than convincing that the prosecution has produced confidence inspiring, well knitted and corroborated evidence, and so the charge against the accused has successfully been proven, as such accused Safeer is held guilty of committing rape on Ms. B.
