SC issues written verdict in medical student rape and assault case

ISLAMABAD, Mar 06 (APP):The Supreme Court of Pakistan has issued a detailed written judgment in the case concerning the alleged rape, assault, and circulation of a video involving medical student in Faisalabad.

According to the approved detailed judgment for reporting, issued by Justice Salahuddin Panhwar, the Court rejected the accused’s request to club together the two separate trials related to the alleged rape and the viral video.

The Court held that rape and the circulation of a video constitute two distinct offences; therefore, conducting separate trials in both cases is legally justified. The judgment noted that the investigations in the two cases were carried out by different agencies, and therefore separate trials do not present any legal irregularity.

The Court further observed that consolidating such cases falls within the discretionary powers of the trial court and is not a mandatory legal requirement.

The Supreme Court also issued important directions regarding the recording of witnesses’ statements. It stated that a chair should be provided to a witness in the witness box while recording testimony. The Court noted that there is no legal requirement obliging a witness to remain standing while giving a statement.

The judgment emphasized that forcing a witness to stand for long periods is contrary to human dignity and the fundamental constitutional right to a fair trial.

The Court further observed that asking irrelevant questions under the pretext of cross-examination to tire or humiliate a witness constitutes an abuse of the right of cross-examination.

It directed that a trial judge should not remain a silent spectator during cross-examination but must act as an alert supervisor. The Supreme Court also ordered the Registrar to send copies of the judgment to all High Courts.