Status of Rape Victim in Pakistan and Islam: Judgments of Pakistani Superior Courts

Abstract

The objective of this research is to highlight and identify the landmark decisions of Superior Courts regarding status of rape victims in Pakistan. The rape is an offence against the state which should be prosecuted by the state strictly in accordance with law and in this regard the laws should be specific and target oriented. During the trial proceedings; the trial courts face number of difficulties such as delay in lodging case, number of required witnesses to prove the case, medical and DNA evidence that too particularly the sole evidence of the victim. The character of the victim is also criticized and stigmatized by the accused party and the Superior Courts have, now, directed to immediately discontinue this practice because the character of the victim is not relevant. The Pakistani Courts have also restrained the investigating agencies and medical practitioners to stop the virginity test as such test has no relevancy and importance in rape case. The Supreme Court has also settled guidelines and principles as to DNA evidence; which is based on modern scientific knowledge; hence, same is admissible in courts.