Court acquits cleric in rape case

Says both his DNA result and polygraph tests came out negative

RAWALPINDI:

In a highly publicised case, the Rawalpindi District and Sessions Judge Ahsan Mahmood Malik has acquitted Mufti Shah Nawaz, the prime accused and head of Jamia Tooba Zia-ul-Banat - one of the city’s oldest seminaries – in a rape case of a 16-year-old student on grounds of negative DNA and polygraph tests.

In his verdict, the court also acquitted a female teacher accused of facilitating the alleged rape under detention for six months, torture, and hurling threats of dire consequences in case of opening up about the ordeal.

The case stemmed from allegations made by the victim’s mother against the seminary teacher and his female colleague.

However, the court deemed the allegations to be fabricated, leading to an acquittal of the accused.

In its verdict, the court highlighted that DNA and polygraph tests yielded negative results, casting doubt on the credibility of the student and her mother's claims.

The court remarked that the Joint Investigation Team (JIT) and the investigating officer (IO) also found no evidence to substantiate the allegations, emphasising that mere accusations alone are insufficient for conviction.

Additional District and Sessions Judge Ahsan Mahmood Malik heard the case that was registered with the Pirwadhai police on August 17, 2021.

The complainant had alleged that her 16-year-old daughter, had been subjected to sexual assault by Principal Mufti Shah Nawaz, with the assistance of a female teacher.

She said that her daughter had been studying in the madrassa (seminary) for the last seven years.

One day, she received a call from the seminary administration informing her that her daughter had fallen unconscious.

When the victim was brought home there were bruises on her face, she said.

The complainant further stated that her daughter was taken to Mufti Shah Nawaz’s room, where he tried to rape her and when she resisted he tortured her and forced her to consume a “tea-like drink”, which left her unconscious.

During the course of the hearing, defense lawyer Talat Mehmood Zaidi advocated for the accused, pointing to the negative DNA test and polygraph results obtained by the JIT.

He argued that the mother and daughter had concocted false allegations in an attempt to tarnish the seminary's reputation and extort financial assistance.

He further stated that Mufti Shah Nawaz is a respected religious scholar.

The acquittal of both teachers marks the end of a challenging legal battle that drew significant attention.

At the outset of the case, Mufti Shah Nawaz and his accomplice had fled the scene after the allegations and police had been searching for them for days.

In a major headway some five days after the complaint was lodged, Rawalpindi police arrested the prime accused and his son, brother, nephew, and the seminary’s deputy for allegedly assisting the main accused to evade arrest.

Following his arrest, the accused had reached a local court and secured an interim bail, kicking off the much-publicised legal battle.