SC exonerates doctor in rape case

Published December 17, 2005

ISLAMABAD, Dec 16: The Supreme Court on Friday disposed of a Kashmiri earthquake survivor rape case when she exonerated a Lahore surgeon from the charges in a statement she volunteered before a magistrate. “Further proceedings in the case is uncalled for after the voluntary statement of the girl before the magistrate, therefore the case is disposed of,” a three-member bench comprising Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry, Justice M. Javed Buttar and Justice Tassadduq Hussain Jillani said.

The bench, hearing a suo motu notice on the alleged rape of the girl who was shifted to the Mayo Hospital Lahore after the Oct 8 earthquake, had earlier directed Ajiba Jabin to appear in person before the court and clear allegations of her rape.

The suo motu notice was taken by the apex court on a letter written to the Chief Justice by newly-elected President of the Supreme Court Bar Association (SCBA) Malik Mohammad Qayyum requesting to take notice of the December 4 alleged rape which occurred within the hospital premises, which was bringing a bad name to the country.

On Friday, the senior superintendent police, Investigations, Lahore, Shafqat Ahmed, told the court that as per the earlier direction he had contacted the girl, who was staying with her uncle Maulana Mohammad Akram of the Jamia Ashrafia, who told him that no rape had taken place. The SSP said that Dr Maqsood, against whom the allegation of rape was levelled, was also taken into custody immediately. He said that the surgeon had denied the allegation of having raped the girl.

However, Malik Qayyum questioned as to why the statement of the girl was recorded by the magistrate when the matter was pending before the Supreme Court. He also asked as to why the surgeon was suspended by the Medical Superintendent of the Mayo Hospital if no untoward incident had taken place.

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