The suspect, Hussain, was nominated in an incident on May 12, 2014, in which a woman was raped by two people in a moving car in Mansehra
...a city and an eponymous district in eastern Khyber-Pakthunwa, nestled snug up against Pak Kashmir, with Kohistan and Diamir to the north and Abbottabad to the south...
. The rapists were convicted, and their conviction was upheld by the Beautiful Downtown Peshawar
...capital of Khyber Pakhtunkhwa administrative and economic hub for the Federally Administered Tribal Areas of Pakistan. Peshawar is situated near the eastern end of the Khyber Pass, convenient to the Pak-Afghan border. Peshawar has evolved into one of Pakistan's most ethnically and linguistically diverse cities, which means lots of gunfire.High Court (PHC) last year.
Hussein, meanwhile, was convicted by a trial court, but partially cleared of the charges by the PHC, which ruled that he had abetted the crime. He then appealed the high court order before the SC.
The order issued on Wednesday by a three-member bench of the SC, headed by Chief Justice Asif Saeed Khan Khosa, said: "The alleged victim was a grown up girl and there is no evidence available on the record to establish that she had tried to escape from the motorcar or that the appellant had in any manner foiled her attempt in that regard."
"In these peculiar circumstances of the case there are serious doubts available vis-à-vis the allegation of abetment levelled against the appellant. It could well be that the appellant knew that some sexual activity was taking place on the back seat of the motorcar and that he had kept quiet."
The court observed that "we have not been able to answer that question in the positive."
Subsequently, the bench held: "In this view of the matter the appellant has to be extended the benefit of doubt.
"This appeal is, therefore, allowed, the conviction and sentence of the appellant are set aside and he is acquitted of the charge by extending the benefit of doubt to him."