Salman Akram Raja vs. The Government of Punjab through Chief Secretary, Civil Secretariat, Lahore and Others, 2013 SCMR 203 (Pakistan)

A 13-year old girl was subjected to gang rape. Her father approached the police station for registration of the First Information Report (FIR). However, no formal FIR was registered. Upon entry of the complaint, the police took the rape victim to the hospital for medical examination. After eight days, the medical officer had his findings. Despite confirmation of the offense, the FIR was not registered. The attitude of the investigating agencies exacerbated the plight of the victim who attempted to commit suicide. The incident was highlighted by the media, and the Supreme Court of Pakistan initiated a suo motu action. The Prosecutor-General was directed to pursue the case against the accused persons as well as the concerned police officers who delayed the registration of the FIR. Subsequently, the father of the victim informed the court that he had reached an out-of-court settlement with the accused for a consideration of Rs. 1 million and would drop the charge.

The petitioners filed a constitution petition, alleging that the out-of-court settlement constitutes a mockery of justice since the offenses are not against a single person but the whole of society. In disposing of the petition, the Supreme Court laid down new guidelines for the authorities concerned with the investigation and prosecution of all rape matters. The guidelines require the police to involve reputable civil society organizations in rape cases, for legal aid and counseling. Moreover, DNA tests and the preservation of DNA evidence would be mandatory in rape cases. As soon as the victim is composed, her statement should be recorded preferably by a female magistrate. Trials for rape should further be conducted in camera and after regular court hours. Likewise, arrangements should be made so that victims and vulnerable witnesses do not have to face the accused (e.g., screen covering, video conferencing).