KARACHI: The Sindh High Court on Thursday took exception to poor investigation in a rape case and directed a provincial police officer to take steps to improve the level of investigation in gender-based violence cases.

The SHC said the victim had informed the police that the suspects had recorded her videos and also took pictures during the crime.

However, when confronted, investigating officer inspector Shama Afaq had no plausible answer for not investigating this aspect of the case and shifted the burden of such lapse on the survivor, it added.

The single-judge bench of the SHC headed by Justice Omar Sial also observed that the IO’s insensitivity in such a matter was unacceptable and not in line with the prestige and dignity of the police force.

The bench passed the directives and dismissed the bail applications of two suspects in the rape case.

It noted that clean chit was given to one of the applicants in the supplementary charge sheet based on a report that perhaps did not exist or not been shown to this court casting doubts on the investigation.

It directed the inspector general of Sindh police to take measures to improve the level of investigation in such crimes and these gender-based violence cases should be handled in accordance with directives issued by the apex court and the high court.

The opinion of prosecutor general of Sindh should also be obtained in this regard, it added.

The SHC also ordered the senior superintendent of police (south) to ensure that the allegations about recording videos and pictures of victim must be professionally investigated.

“I have no doubt that the provisions of Anti-Rape (Trial and Investigation) Act 2021 will be considered by the learned trial court in the conduct of his trial,” it added.

The bench also asked the sessions court concerned to conclude the trial within 90 days.

The counsel for applicants also filed an affidavit on behalf of the victim that she had no objection if the suspects were set free on bail.

However, the bench noted that the offence in question was non-compoundable and such affidavit will not impact the case while it could not be determined whether the affidavit was sworn devoid of coercion or undue influence.

About delay in registration of the FIR, it observed that since the police had declined to register the case, the victim approached the ex-officio justice of peace through an application under Section 22-A which seemed to be the primary cause of the delay.

The bench further said that the incident took place on March 29 while the victim was medically examined on April 26 and as expected, the medico-legal officer concluded that she could opine nothing.

Regarding the arguments of one of counsel for the applicants, it said that on one hand, he asserted that DNA test was not conducted and at the same time he also relied upon two lines reproduced from an ostensible DNA report and such lines have also been incorporated in the supplementary charge sheet.

The suspects have been accused of allegedly raping the victim after a female relative of one of the accused had lured her to an apartment in Qayyumabad in March this year.

Published in Dawn, October 20th, 2023