KARACHI: An antiterrorism court (ATC) has discharged two suspects in a gang rape case because the prosecution found the case to be false.

The Gadap police had booked and arrested two vendors over their alleged involvement in the gang rape of a housewife in Gabol Abad off Superhighway in March 2012.

The ATC-XII judge, who heard the case in the judicial complex inside the central prison, pronounced his verdict after the investigating officer submitted a summary probe report, as required under Section 173 of the criminal procedure code after arrest of the suspects.

IO Inspector Muhammad Ali Sahto submitted the final investigation report through state prosecutor Tahir Hussain Mangi.

He recommended disposal of the case in “C” class, which means disposal of the case for being non-cognisable, and pleaded the court to accept the same and discharge the suspects from the present case.

Judge rules forensic evidence suggests rape charge levelled by alleged victim was false

Defence counsel Zakir Hussain Khaskheli submitted that samples of the suspects, the complainant and her husband were sent twice to the Sindh Forensic DNA and Serology Laboratory of the University of Karachi and the Punjab Forensic Science Laboratory for their matching.

According to the reports of both the laboratories, the sperms had rather matched with the complainant’s husband instead of the detained suspects, the counsel said.

He also submitted that according to the final medical report issued by a medico-legal officer, no signs of rape were available.

He pleaded the court to accept the investigation report in “B” class.

Advocates Ayesha Muneeb and Syed Nadeemul Haq had filed power of attorney on behalf of the alleged victim.

The judge noted: “After hearing the parties and pursuing the record that no doubt twice the swabs were sent for the DNA analysis, firstly to Sindh Forensic and DNA Serology Laboratory along with blood sample of the complainant’s husband on June 14, 2021.”

He added that according to the supplementary analysis report dated July 9, 2021 the blood samples and vaginal swabs of the complainant and her husband were matched.

The judge further noted that the IO had also sent the same samples to the Punjab Forensic Science Laboratory, Lahore, along with clothes of the victim. However, according to the laboratory’s analysis report the samples of sperms and vaginal swabs were matched thousand times.

The judge observed that MLO Dr Sumaiya Sahar, who prepared the final report, stated that not a single scratch attributed to maltreatment was found during examination.

Therefore, in view of the above legal position, the court approved the investigation report under the “B” Class, which means that the FIR was falsely lodged by the complainant who should be proceeded against subsequently.

The judge directed the IO to approach the relevant court for initiating proceedings against the complainant.

The judge also discharged both the suspects from the case and ordered their release if their custody was not required in any other case.

According to the prosecution, the complainant said he was living with her husband in Gabol Abad for the last four to five years.

She added that on March 23, 2012, two vendors of the area barged into her house in the morning when her husband had gone to work and subjected her to gang rape. She said she kept quiet out of shame and fear as the suspects had threatened her of dire consequences.

The complainant further stated that the following day both the men once again barged into her house along with two other accomplices and all of them subjected her to a sexual assault and left the home by hurling threats.

She said that then she narrated the incident to her husband who brought police and two men were taken into custody.

A case was registered under Section 376 (punishment for rape) and 34 (common intention) read with Section 7 (punishment for acts of terrorism) of Anti-Terrorism Act, 1997 at the Gadap City police station on the complaint of the victim.

Published in Dawn, January 31st, 2022