Benazir Jhatyal Rape Case
The accused had asked the Benazir’s hand in marriage, however, upon her refusal the accused became infuriated and in revenge raped her. On 25.10.2014, Benazir was on her way to her college in Dadu when she was abducted on gunpoint by the two accused persons who took her to an unknown location where she was raped by one of the accused. It is important to note that in September 2014, the accused had also previously raped her and made the video of this incident. Therefore, out of fear she did not report this earlier incident. However, when she was raped again by the accused she lodged an FIR against him in relation to the offence of rape and kidnap.
During the course of investigation the police in connivance with the accused tampered with the narration of events of the victim by alleging that her father accompanied her at the time of her abduction.
Due to immense influence and pressure from the accused and their supporters the police officials refused to arrest the main accused. Meanwhile the accused obtained pre-arrest bail from the Learned Court of Additional Sessions Judge, Dadu. Upon the grant of his pre-arrest bail the accused embarked upon a harassment campaign and constantly threatened the victim and her family.
Following the aforementioned events a Criminal Transfer Application was filed at the Honourable High Court of Sindh and through Order dated 22.06.2015, the application was allowed and the case was transferred to the District and Session Judge, Karachi (South).
By the judgement dated: 19.02.19, the learned ADJ, Karachi (South), in view of the strong evidence in support of the prosecution case, found the accused guilty of committing offenses under section 376 and 365(B) of the P.P.C., sentencing the accused to serve a period of 10 years with a fine of Rs. 25,000 for the offence under S. 376 and life imprisonment with a fine of Rs. 25,000 for the offense under S. 365(B). Both sentences are to run concurrently.
The accused filed an appeal challenging the Trial Court verdict in the Honourable High Court of Sindh. This was decided vide Judgement Dated 04.05.2021 and the accused was acquitted. The Foundation has challenged this Judgement in the Honourable Supreme Court of Pakistan as Criminal Petition 82-K/2021. This appeal is currently pending adjudication.
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