LAHORE: The Lahore High Court has observed that a male alone cannot be convicted in the offence of fornication and the consenting female could not be believed as a witness against the male.
The court passed these observations while setting aside conviction and sentence of appellant Rashid Ahmed extending him benefit of doubt. The court held that conviction of appellant Rashid Ahmad under the offence of fornication 496-B PPC is not sustainable in the eye of law.
The prosecution has miserably failed to prove its case against the appellant beyond reasonable doubt, the court added. In the instant case, the trial court held in its impugned judgment that Rashid Ahmad, appellant and his co-accused Muhammad Rafiq had assaulted the complainant sexually with her consent.
The responsibility to prove its case lies with the prosecution and if it fails to successfully discharge it, the only result can be the extension of benefit of doubt to the accused person.
Copyright Business Recorder, 2022
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