Count 1: The first, third and fourth accused were indicted for rape of a girl contrary to sections 123 and 124 of the Penal Code Act.
Count 2: The first, third and fourth accused of carnal knowledge of a girl.
Count 3: The second and fifth accused were indicted for abduction contrary to section 126 of the Penal Code Act.
In addition to the Case, a case brief for this case is available.
Court held that, section 123 which criminalizes rape does not make an exception to a married person. The existence of a valid marriage between the accused person and the complainant can no longer constitute a good defence against a charge of rape after promulgation of the 1995 constitution.
Court applied Articles 31(1) and (3) of the Constitution which guarantees men and women equal rights in marriage. Court emphasised that a man and woman enjoy equal human dignity and that in this case the dignity of the wife had trampled upon significantly because she was treated like a mere sexual instrument. The presumption of consent even where a man and woman are married is wiped out by the constitutional provision. The accused were found guilty for rape.
With regard to the third count, it was held that the intention of forced marriage or sexual intercourse was not proven beyond reasonable doubt.