Lahore High Court's (LHC) Justice Tariq Saleem Sheikh has directed the provincial government to take immediate action in constituting the Special Sexual Offences Investigation Units (SSOIUs).
His directive aims to address the pressing need for more effective investigations into sexual offences, which currently suffer from prolonged delays and a dishearteningly low conviction rate.
Justice Tariq Saleem observed, "The majority of criminal cases fail in courts due to defective investigations."
Recognising the pivotal role that police investigations play in the criminal justice system, Justice Tariq Saleem emphasized that cases involving sexual violence, such as rape, require meticulous and thorough examination, much like any other criminal case.
Delays or lapses in critical processes, such as timely medical examinations or the handling of evidence, can significantly weaken the case, ultimately benefiting the perpetrator.
The directive came in the context of a detailed judgment issued during a case in which a woman challenged the police's findings that her case, initially categorized as gang rape under section 375-A PPC, did not qualify as such. The petitioner sought the quashing of these proceedings and a directive for a reinvestigation under section 9 of the Anti-Rape Act.
During the course of the case, it was revealed that several districts in Punjab had yet to establish SSOIUs, despite the Anti-Rape Act's requirement for their formation two years ago. Justice Tariq Saleem emphasized that every SSOIU should include at least one female police officer, particularly essential in cases involving children and women.
The Anti-Rape Act, enacted in 2021, was designed to address rape and sexual abuse crimes outlined in its Schedules.
Published in The Express Tribune, September 8th, 2023.
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