Deaf-mute teenager Komal was kidnapped by five men who gang-raped for 2months, after first being forcibly married to one of her rapists in March 2020 (click here).
BACA began to provide a solicitor to press Sandhu Police Station to actually begin an investigation after inital efforts were notably limited. Worse
still during the nascent investigation reluctant police reported back to the parents that Komal was in a happy marriage of her own volition.
Later during the court process police brought Komal before her parents with a translator present, at which point the young girl broke down in tears
and described her ordeal in great detail, at which point she was taken away from her abductors.
Police have been accused of bias and corruption after of the culprits were arrested and set free on bail within a week of the police investigation.
Moreover, a further Muslim woman known to the family who was also involved in the kidnap was able to attain bail. Moreover, despite a rogue Imam having
sanctioned the Islamic marriage without a sign language interpreter (claiming he had a basic understanding of the gestures made by Komal), police refused
to add rape to the crime report and only listed kidnap.
At Lahore High Court Pakistan’s Central Investigation Agency agreed to take over responsibility of the case and to make sure it was fair and free
from cotrruption, after pressure from BACA’s advocate for the family Sumaira Hussain.
However, to date, despite assurances from the Pak-CIA of a more thorough investigation there has been no significant advancement of the rape case for
Komal.
Maria, assistant to Mr. Tariq Gill member of Provincial Assembly Punjab, spoke with BACA, she said:
“The challan (official police report) submitted to the court has no mention of the main culprits; Kashif Ghulam Rasool and his mother Raqia Bibi, we are very concerned by this.”
The case is currently being pursued in the court of Mr. Muhammad Jamshaid , Additional Sessions Judge Lahore.
Sumera Hussain counsel for Komal explained, she said:
“I have filed an application for the inclusion of Kashif and her mother firstly because Komal has already testified about their involvement in the
crime through her statement under section 164 Criminal Code of Pakistan (CCP) – see footnotes.
“Secondly, Komal was retrieved from the illegal custody of Kashif and Raqia”
“Those who are the real culprits should be summoned and called to face the trial.
“The court has been beguiled for mentioning Azeem Jutt and others in the submitted Challan.”
Sumera Hussain further explained,
“We have found that Nikahnama (Marriage Certificate) presented before the Honorable Court is illegal and not registered anywhere. Qari Muhammad Saeed, who constituted this marriage is notorious for forced conversions through solemnising under-age marriages.
“Last week an application for the dissolution of the marriage has been filed on these grounds.”
Dissolution of marriage in this case would definitely lead to the trial being carried out under section 376 Pakistan Penal Code. This law deals specifically
with abduction and rape of women.
The court process has slowed down significantly due to Covid 19.
Juliet Chowdhry, Trustee for BACA, said:
”
to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before
the commencement of the inquiry or trial: Provided that no confession shall be recorded by a police officer on whom any power of a Magistrate has
been conferred under any law for the time being in force.
if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person
making it, he has reason to believe that it is being made voluntarily.
the Magistrate shall not authorise the detention of such person in police custody.
evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer
oath to the person whose statement is so recorded.
| Pakistan Penal Code | ||||||
Punishment for rape
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