Relationship with mutual consent cannot be termed rape: SC

[Zibago]

DAILY TIMES

Your right to know Saturday, October 19, 2019

• ePaper

• Trending:
• Kashmir
• Foreign Policy

PAKISTAN, TRENDING

Relationship with mutual consent cannot be termed rape: SC

• 0
  Shares

Agencies

OCTOBER 19, 2019

ISLAMABAD: The Supreme Court on Friday rejected a plea against the dismissal of bail of a rape suspect.


Chief Justice Asif Saeed Khosa remarked that the victim stayed in a physical relationship with the suspect, Junaid Afzal, for a year, but the registered case against him when he refused to marry her.


Afzal had promised to marry Ghazala Naureen. They both remained in a relationship for a year. When Naureen told Afzal to marry her, he refused on which she filed a rape case against him.

The case was being presided over by a three-member bench of the Supreme Court (SC) headed by Chief Justice Asif Saeed Khosa.


During the hearing, the counsel for the petitioner said that his client, Ghazala Noureen, was raped for over a period of a year by Afzal on the pretext that he would marry her.

At this, Chief Justice said that whatever happened between the two was with mutual consent between two adults. The applicant had confessed to having physical relation with suspect, he said adding, she could face stern action if it was brought under consideration.


Chief justice remarked that both remained in a relationship for a year, but when her partner refused to marry, Noureen registered a rape case against him. Justice Tariq Saeed remarked why the trial court did not take action against the applicant over her confessional statement.

Following this, the counsel pleaded the court that he was ready to withdraw petition if the court permitted to which chief justice remarked; “make your client understand the complexity of the case. She would have to face the music herself.”

Earlier, Junaid Afzal was released on bail by Islamabad High Court (IHC)
https://dailytimes.com.pk/485860/relationship-with-mutual-consent-cannot-be-termed-rape-sc/

 

[W.11]

probably a typical female type revenge on being taken advantage of, or blackmailing the guy to marry her because nobody else would.

regards

 

[Pakistansdefender]

probably a typical female type revenge on being taken advantage of, or blackmailing the guy to marry her because nobody else would.

regards

Guys should also not like have sex for an year on the flase promise of marrying her .
Many guys do that and ask favours because they are afterall getting married and many silly girls fall for that and the result is desastrous for the girl in all the cases.
Atleast if you wanted to live like this dont destroy the like of innocent girls.. You would find many other who are willing.

 

[W.11]

Guys should also not like have sex for an year on the flase promise of marrying her .
Many guys do that and ask favours because they are afterall getting married and many silly girls fall for that and the result is desastrous for the girl in all the cases.
Atleast if you wanted to live like this dont destroy the like of innocent girls.. You would find many other who are willing.

the girls should also be smart enough and realize in islam what they are doing is haram and a sin. If a girl goes into a haram relationship, she must also consider the consequences. The nature of women losing virginity is just how its provided by nature, i do think men after using women get a clean slate and get married while the girl reaps all the consequences of that.

regards

 

[litman]

shame on both of them.

 

[Maarkhoor]

DAILY TIMES

Your right to know Saturday, October 19, 2019

• ePaper

• Trending:
• Kashmir
• Foreign Policy

PAKISTAN, TRENDING

Relationship with mutual consent cannot be termed rape: SC

• 0
  Shares

Agencies

OCTOBER 19, 2019

ISLAMABAD: The Supreme Court on Friday rejected a plea against the dismissal of bail of a rape suspect.


Chief Justice Asif Saeed Khosa remarked that the victim stayed in a physical relationship with the suspect, Junaid Afzal, for a year, but the registered case against him when he refused to marry her.


Afzal had promised to marry Ghazala Naureen. They both remained in a relationship for a year. When Naureen told Afzal to marry her, he refused on which she filed a rape case against him.

The case was being presided over by a three-member bench of the Supreme Court (SC) headed by Chief Justice Asif Saeed Khosa.


During the hearing, the counsel for the petitioner said that his client, Ghazala Noureen, was raped for over a period of a year by Afzal on the pretext that he would marry her.

At this, Chief Justice said that whatever happened between the two was with mutual consent between two adults. The applicant had confessed to having physical relation with suspect, he said adding, she could face stern action if it was brought under consideration.


Chief justice remarked that both remained in a relationship for a year, but when her partner refused to marry, Noureen registered a rape case against him. Justice Tariq Saeed remarked why the trial court did not take action against the applicant over her confessional statement.

Following this, the counsel pleaded the court that he was ready to withdraw petition if the court permitted to which chief justice remarked; “make your client understand the complexity of the case. She would have to face the music herself.”

Earlier, Junaid Afzal was released on bail by Islamabad High Court (IHC)
https://dailytimes.com.pk/485860/relationship-with-mutual-consent-cannot-be-termed-rape-sc/

Rest of the world it considered rape, but in Pakistan courts even releases accused denying DNA reports.

 

[fitpOsitive]

Guys should also not like have sex for an year on the flase promise of marrying her .
Many guys do that and ask favours because they are afterall getting married and many silly girls fall for that and the result is desastrous for the girl in all the cases.
Atleast if you wanted to live like this dont destroy the like of innocent girls.. You would find many other who are willing.

And at that point, Islam comes to action, but people don't like it. That's why we ask society to stay under the boundaries of sharia. That why, only the people having bad intentions get hurt.

 

[Zibago]

Rest of the world it considered rape, but in Pakistan courts even releases accused denying DNA reports.

This will stop fake rape accusations

Guys should also not like have sex for an year on the flase promise of marrying her .
Many guys do that and ask favours because they are afterall getting married and many silly girls fall for that and the result is desastrous for the girl in all the cases.
Atleast if you wanted to live like this dont destroy the like of innocent girls.. You would find many other who are willing.

She got duped that doesnot mean she was forced into it
Rape word is used too lightly these days

Rest of the world it considered rape, but in Pakistan courts even releases accused denying DNA reports.

It was mutual but later on she called it rape after he dumped her yeah sure

 

[Maarkhoor]

This will stop fake rape accusations

How?

If you are lying to a lady and later dumped her what she would do?

 

[Zibago]

How?

If you are lying to a lady and later dumped her what she would do?

It takes two to tango she should now accept actions have consequences if she was smart she wouldve kept her legs closed till marriage if Islam is really to be brought she should first be punished for false accusation of rape and then both be punished for fornification but that is not how our courts function

If I die from drugs its my fault mainly for taking said drugs

 

[SecularNationalist]

Sane decision taken.
Two consenting adults agreed to have sex with each other ...so how the heck its a rape.

 

[jamahir]

It takes two to tango she should now accept actions have consequences if she was smart she wouldve kept her legs closed till marriage

Or at least insisted on the man to use protection.

 

[SecularNationalist]

It takes two to tango she should now accept actions have consequences if she was smart she wouldve kept her legs closed till marriage if Islam is really to be brought she should first be punished for false accusation of rape and then both be punished for fornification but that is not how our courts function

If I die from drugs its my fault mainly for taking said drugs

And its the conservative society and stereotypes from which we are still suffering.Like if you are not a virgin no one else will marry you.Scientifically there is no way to prove exactly who is virgin and who isnt.Some girls by birth dont have hymens.Not all girls bleed on the first wedding night.
And he ruined my life and all that bullcrap.Come on your life is not ruined at all.You ruined it by yourself by approaching the apex court of a country and getting into the mainstream media. Now everyone knows she is the girl who had sex with a guy for over a year.
She can blame no one but only her stupidity.

 

[IbnAbdullah]

Salaam

Rest of the world it considered rape, but in Pakistan courts even releases accused denying DNA reports.

How?

If you are lying to a lady and later dumped her what she would do?

I don't think I need to point out the Islamic point of view on this.

However, leaving that aside, it's only rape when there is no consent given. Whether that means the victim was not in position to give consent (due to age or compromised mental state) or was explicit about not consenting.

Remember, the guy wasn't the only adult in the relationship.

In this case, it may be considered fraud - if the constitution/law recognises the type of relationship/arrangement as legal. However, since having extramarital physical relationship is a crime in Pakistan (I think), I don't see how the law would side with her in trying to enforce an agreement based around a criminal activity.

 

[Hiraa]

Fair decision. Your stupidity is not “sexual assault”.