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16

Trial

Act: Anti-Rape (Investigation and Trial) Act 2021

Section Provisions

PLD 2021 Federal Statutes 638 PLD 2021 Federal Statutes 638 ACT XXX OF 2021 ANTI-RAPE (INVESTIGATION AND TRIAL) ACT, 2021 An Act to ensure expeditious redressal of rape and sexual abuse crimes in respect of women and children through special investigation teams and special Courts providing for efficacious procedures, speedy trial, evidence and matters connected therewith or incidental thereto; [Gazette of Pakistan Extraordinary, Part I, 4th December, 2021] No. F. 22(3)/2021-Legis, dated 3.12.2021.---The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 1st December, 2021 is hereby published for general information:- It is hereby enacted as follows:- 16. Trial.---(1) The Court upon taking cognizance of a case, under this Act, shall decide the case expeditiously, preferably within four months. (2) A Special Court shall not grant more than two adjournments during the trial of a case, out of which one adjournment shall be upon payment of costs by the person seeking adjournment. Where the defense counsel does not appear after two consecutive adjournments, the Court may appoint another defense counsel with at least seven years standing in criminal matters for the defense of the accused from the panel of advocates maintained by the special committee. (3) If, in the course of a trial, the Court is of the opinion that any of the offences which the accused is alleged to have committed is not a scheduled offence, the Court shall record such opinion and try the accused only for such offences, which are scheduled offences. (4) A Special Court may also try offences, not listed in the schedules, committed in connection with the scheduled offences, as if those offences were scheduled offences. Explanation.---It is clarified that subsection (4) shall also be applicable where the provisions of the Anti-Terrorism Act, 1997 (Act XXVII of 1997) are invoked or invokable in respect of offences under this Act.