تلخیص
In Pakistan’s society’s relationship to public policy is essentially
emotional; the domain of criminal justice policy is no exception. There is hardly
any discussion on sex crimes, especially rape and its species of offences, in the
normal course of things. The reaction of the society is very strong and prompt,
however, if and when a sex crime in the nature of rape takes place and gets
publicized and followed up by media leading to quick action by criminal justice
system as a whole. The infamous Motorway rape case, as it is now known, like
earlier incidents of similar nature, brought home the realization that criminal
justice system needs to be reformed and public is to be reassured of safety and
security. On aggressive media outcry, all the components of the criminal justice
system responded to the Motorway rape case. The unsecured space of the newly
developed motorway that was not being policed earlier, was secured overnight and
all the bureaucratic wrangling on its legalese came to an abrupt end. Provincial
police i.e. the Punjab Police secured the crime scene and highly trained staff of the
Punjab Forensic Science Agency collected the evidence. The police prosecution
cooperation that is now the bedrock of successful prosecutions was noticeable
right at the outset. The media complied with the guidelines on gender based
violence cases and kept the confidentiality of the victim intact. The judge
administered the case professionally and interpreted the law stringently and
believed and weighed favorably the efforts undertaken by police, prosecution,
forensic experts and medico-legal staff. The criminal justice system, in this case,
at least came to fore to support the rule of law paradigm and evinced best of it.
With all these positive sides, the case left much to be desired. For example, the use
of offence of ‘kidnapping for ransom’ to attract the jurisdiction of the antiterrorism
court is likely to get attacked further in appeal process and during the
pending confirmation of the murder reference as the sentencing has ended up in
imposing death sentences.
Kamran Adil. (2020) Punishing Rapists: Lessons Learnt from Motorway Rape Case, Pakistan Journal of Criminology, Volume-12, Issue-3.
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