RAPE CASE-Modern forensic science shows that the two finger test must not be conducted for establishing rape-sexual violence, and the size of the vaginal introitus has no bearing on a case of sexual violence. The status of hymen is also irrelevant because hymen can be torn due to several reasons such as cycling, riding among other things. An intact hymen does not rule out sexual violence and a torn hymen does not prove previous sexual intercourse. Hymen must therefore be treated like any other part of the genitals while documenting examination findings in cases of sexual violence. Only those findings that are relevant to the episode of sexual assault, i.e., findings such as fresh tears, bleeding, oedema, etc., are to be documented.
When a Muslim dies, his legal heirs become owners of his estate at the very moment of his death to the extent of their shares as determined by shariah. Sadly, the petitioner deprived his siblings of their inheritance and managed to do so for about twenty two years compelling an heir to file a suit to claim what was legally theirs. The petitioner then filed a frivolous appeal and followed it with a frivolous revision, which he did not want to get decided. The judgment of the learned Civil Judge is legally sound. And, with regard to the aforesaid points, no tenable rebuttal was forthcoming. In these circumstances, it would be highly unfair to keep legal heirs deprived of what they are entitled to, both under the law of Pakistan as well as under the law of Almighty Allah by permitting the petitioner to continue to abuse the process of the law and unnecessarily procrastinate matters.
Long before the promulgation of the Contract Act, 1872, the Transfer of Property Act, 1882 and the Evidence Act, 1872 (replaced by the Qanun-e-Shahadat, 1984) the Holy Qur’an had prescribed that such contracts should be in writing (Al-Baqarah (2) verse 282), yet it is surprising that many Muslims even after fourteen centuries do not abide by this important instruction of their religion. An oral contract, by its very nature, is difficult to establish. Since the terms of an oral contract are not self-evident, the plaint seeking the enforcement of an oral contract must set forth the contract’s requisite ingredients, including when the sale consideration and/or its balance is to be paid, which the plaint did not disclose. Therefore, the suit could have been dismissed on this ground alone.
Keeping the prosecution evidence in its true and correct perspective, it is established beyond any reasonable doubt that: the identity of accused Ahmed Omar Sheikh, and him being part of the conspiratorial agreement with Arif alias Hashim and Fahad Naseem has been duly established; Ahmed Omar Sheikh was the person who met Daniel Pearl in Room No. 411 Akbar International Hotel, and was also ‘last seen’ with Daniel Pearl on 23.01.2002; the email dated 30.01.2002 at 14:19:43 PST was sent from the Hotmail account of accused Fahad Naseem on the directions of Ahmad Omar Sheikh.