The Supreme Court of Pakistan. PHOTO: AFP/File
"We are surprised why the SOP is not being abided by,” read an order authored by Justice Qazi Faez Isa.
“The learned deputy prosecutor general (DPG) on behalf of the province has stated that he would direct the additional inspector general of police (investigations) to ensure that its fresh copies would be sent to all the police stations in the province together with its Urdu translation so that all concerned were aware of the SOP and abided by it. We therefore direct the additional inspector general of police (investigations) to do as stated by the learned DPG,” it added.
On January 28 this year, a division bench led by Justice Isa had expressed its surprise that the investigation in a rape case was handed over to a male police officer and had asked the senior superintendent of police (investigations) to explain why this was done.
Later, SP Waseem Dar submitted a document titled, “Standard Operating Procedure (SOP) for Investigation of Rape Cases” dated August 20, 2013 to the court.
According to Clause 2 (iii) of the SOP, the investigation of a rape case of a woman will be conducted by a female police officer (not less than the rank of an ASI/SI).
In case, a sufficient number of such officers is not available at a police station, the CPO/DPO of the district shall depute such an officer from elsewhere.
Clause 3 of the SOP states: “The victim should be handled with utmost sympathy and sensitivity. The behavior towards woman victim should be courteous. No embarrassing or indecent questions should be put to her as she is already under shock/trauma.
If further read that while talking to a victim, her psychology should be observed carefully and eliciting of information should be done in such a manner that she remains cool and calm. Proper account of the incident should be recorded in plain and simple language as early as possible in the informant’s own words. If the complainant while making oral report suspects or alleges against a particular person, the grounds on which suspicion is based should be ascertained tactfully.
The female investigation officers should be very cautious while talking to the victim. The DCO of the district would be requested to arrange a female psychologist/psychiatrist as she can be of immense help in bringing the victim out of trauma and preparing her to cooperate with the investigation agency.
The victim as well as the accused person(s) should be sent for medical examination after preparing the injury sheet by the IO. Details of injuries/scratches, bruises and nail marks, if any, on their body should be clearly mentioned in the injury sheet.
A rape victim above 18 years of age can only be examined after her written consent and a rape victim under 18 years of age can be examined only after a written consent from her parents/guardians.
The victim should be medically examined only by a lady doctor. The victim should not be called to the police station and the IO should visit the victim’s house for ascertaining facts in the presence of her relatives/family members.
Efforts should be made to get the statement of victim recorded under Section 164 of the CrPC at the earliest.
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