Overview
- The court reduced the punishment from 20 years to five years of rigorous imprisonment and cut the fine from Rs500,000 to Rs10,000, with two additional months if the fine is not paid.
- In a six-page majority opinion by Justice Malik Shahzad Khan, the bench pointed to a seven-month FIR delay, medical reports showing no injuries, missing clothing evidence, a residential setting with no call for help, and no explanation for how the accused knew the complainant’s timing.
- The bench declined to give a final ruling on the DNA report, sending its credibility to a separate case because the test was conducted 1.5 years after sample collection.
- By classifying the encounter as consensual adultery, the judgment noted potential legal liability for the complainant but said no punishment can be imposed at the appellate stage without first hearing her.
- Justice Salahuddin Panhwar dissented, arguing the case constituted rape and cautioning that delays or lack of injuries can stem from stigma, threats, or the passage of time.