Sher moved the Lahore High Court (LHC) against the verdict. The LHC upheld his conviction but reduced the petitioner’s sentence of rigorous imprisonment from fourteen years to ten years.
The convict later filed an appeal in the Supreme Court whose division bench, headed by Justice Qazi Faez Isa, heard the petition. Advocate Ayesha Tasnim was appointed to represent the petitioner by the state.
The counsel submitted that the FIR was lodged on September 16, a day after the rape. She said the DNA report was not sought and the clothes which the victim was wearing at the time of the stated crime were not provided to the investigation officer.
The delayed medical examination of the victim took place on September 17, 2014, two days after the incident. The counsel also argued that the victim and her parents had earlier resorted to filing such type of cases for alleged blackmailing.
Justice Isa while authoring judgment noted that in rape cases victims and their families may be reluctant to come forward to promptly report the crime because of trauma and they may have a perception of shame or dishonour in having the victim evasively examined by a doctor.