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MUHAMMAD IMRAN vs State S — 2025 PLD 662 SUPREME-COURT

Case information

Citation
2025 PLD 662 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
PLD
Parties
MUHAMMAD IMRAN vs State S
Provisions referred to
S. 496-B---C

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD IMRAN VS State S. 496-B---Constitution of Pakistan, Arts. 9 & 14---Fornication---Pre-conditions---Consent---Proof---Right to life, dignity and privacy---Essential ingredient of fornication is establishment by way of evidence of the fact that it was a willful intercourse between the parties---It is essential that for the purposes of fornication consent be established---Consent means an unequivocal voluntary agreement with the woman by words, gestures or any form of verbal or non-verbal communication, which communicates her willingness to participate in the sexual act---Consent goes to the very root of right to dignity under Article 9 of the Constitution because in a case of rape where she states that there is no consent then to impute consent, that too without evidence of the same, undermines dignity and right to privacy of a woman---Without any evidence on the fact of consent or willingness, offence of fornication cannot be made out---Consent has to be established and it cannot be assumed.

Other judgments reported in 2025 PLD

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