SCP Ruling Shifts Rape To Fornication, Leaving Victims At Risk In Pakistan |
In the Criminal Petition No. 90-L of 2019, Hassan Khan v. The State, the Supreme Court of Pakistan (SCP) modified the conviction and sentence of the accused under Section 376 (Rape) of the Pakistan Penal Code (PPC), 1860, and convicted him under Section 496-B PPC (Fornication).
Justice Salahuddin Panhwar dissented from the majority view and upheld the conviction, which conforms with international standards, specifically under the UN Economic and Social Council Resolution 2005/20: Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime, and the UN General Assembly resolution 40/34: Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.
Previously, the SCP modified the charge under Section 376 PPC to 496-B PPC in Muhammad Imran v. The State (PLD 2025 Supreme Court 662), but Justice Ayesha A. Malik dissented from the majority view.
The Sindh High Court in Najeeb Ahmed v. The State modified the conviction and sentences of the accused under Sections 376 and 506-B PPC, and set them aside and instead convicted him under Section 496-B PPC and sentenced him to the period already undergone.
It was also held that the victim is also liable to be proceeded against and punished as an accused of the offence of illicit intercourse with consent but as she was not prosecuted nor charged for fornication under Section 496-B PPC by the learned Trial Court, thus, she had no opportunity to defend herself; therefore, it would not be appropriate to punish her without providing her an opportunity of defence. This view has left the victim unprotected from being prosecuted for committing Zina or fornication.
The SCP in Asif Masih v. The State (2025 SCMR 699) converted the charge under Section 376 PPC to 496-B PPC, while admitting the illegitimate child’s birth from rape. In the Mazar-i-Quaid gang rape case, a Sessions Court acquitted all the accused, ruling that a DNA test is not acceptable in cases........