Rani v The State
At 7 months pregnant, Mst Rani lodged an F.I.R alleging Faqiro, aided and abetted by Rehmat raped her at knife point, which subsequently resulted in her pregnancy. He “threatened dire consequences” (Judge Muhammad, 318: 2) if she disclosed the incident to her parents. Upon arrest under the 1979 Zina Ordinance, alongside other involving members, both of the accused pleaded not guilty.
The learned judge acquitted the two on lack of supporting evidence and “inordinate delay in lodging the F.I.R” (Muhammad, 319: 6). However, he convicted Mst Rani under section 10 (2) of the Zina Ordinance on the basis that her pregnancy was a sufficient ground of evidence. Her sentence was supported by the fact that “it had become the talk of the Mohalla that she had willingly surrendered and subjected herself to sexual intercourse by someone else probably Rasheed” (Muhammad, 319: 7).
This was an appeal to decide if the charge had been correctly decided.