The State, Mai and others v. The State, Abdul Khaliq and others

In this highly publicised case, the Supreme Court considered ten matters - eight are appeals by the victim against the acquittal of the accused rapists; one appeal has been filed by the convicted and the one is a suo moto action of the Court recalling the judgement in the gang-rape case that acquitted five of the six accused. Fourteen men were indicted in the gang rape of Mukhtar Mai in 2002, undertaken in revenge for an alleged breach of decorum by her brother and sanctioned by a panchayat (village council). Ultimately, eight of the accused were acquitted due to lack of evidence, and the remaining six were given death sentences by the trial court. The High Court then acquitted five of the six and converted the death sentence of the last accused to a life sentence. The petition of the victim asserts that, amongst other things, it is erroneous to hold that the delay in lodging of a complaint is fatal to the prosecution case. The petition also asserts that it is erroneous to hold that the testimony of a rape victim requires corroboration. In this case there was a conclusive medical report confirming rape and the rape did not take place in private (as a matter of fact, the victim was thrown out of the room partially undressed for all to see). The Court set aside the acquittals and sentenced them on each count to imprisonment for ten years, running concurrently.



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