LHC grants bail to rape accused due to ‘no sufficient evidence’

Lahore's Lahore High Court has granted bail to a man accused of rape, citing the lack of sufficient evidence against him. The decision was made in response to a petition filed by Aon Abbas, who requested release from custody in a case registered under sections 376 and 376(iii) of the Pakistan Penal Code. The alleged incident occurred on the night of August 15-16, 2024, where the suspect, armed with a pistol and accompanied by an unknown accomplice, is accused of raping a 12-13 year old minor girl.

Justice Ghulam Sarwar Nihung acknowledged the seriousness of the accusation, which falls under the "prohibitory clause" of Section 497 of the CrPC, but ruled that the mere seriousness of an allegation cannot be a decisive factor in determining bail at this stage. The court emphasized that the purpose of the proceedings is to bring the accused to trial, not to detain them indefinitely.

The medical examination conducted on the victim was carried out seven days after the incident, and the medico-legal certificate did not record the date of the examination. It did not detail any visible injuries like tears, bruises, abrasions, or swelling, and the doctor did not provide an opinion on the timing or cause of a ruptured hymen.

The judge stated that the medical report found no sufficient evidence to prove the sexual offence had been committed. Additionally, the victim's statement was not recorded before a magistrate as required under Section 164 CrPC. The court held that the burden of proof lies with the prosecution even at the pre-trial stage, and the observations made in the bail order are only tentative until the trial court decides the case based on the presented evidence.