Man sentenced to death for raping daughter

Court says case was shocking, outrageous for public conscience

LAHORE:

In a case of gender-based violence, a judge at a special court dedicated to such offenses has handed down a death penalty to a man who raped his own teenage daughter.

The prosecution presented a compelling case, supported by solid, concrete, and confidence-inspiring evidence.

In his detailed judgment, Additional District and Sessions Judge Mian Shahid Javed emphasised the heinous nature of the crime.

He stated, "A father is always considered a natural guardian and protector of his children, and if a daughter is harmed by someone outside the house, she turns to her father, considering him her guardian. But in this case, the real father, by committing incest, has destroyed the personality, soul, and body of his own minor daughter. The minor has suffered a psychological disaster."

The offense committed by the convict is not only shocking but also outrageous for public conscience, and it undermines the very fabric of society. There are no mitigating circumstances; in fact, the circumstances are aggravating. Consequently, the accused has been convicted under Section 376(3) of the Pakistan Penal Code and sentenced to death by hanging. The convict has also been ordered to pay compensation of Rs1 million to the victim under Section 544-A of the Criminal Procedure Code. This compensation amount is recoverable as arrears of land revenue. In case of default in payment, the convict will face an additional six months of simple imprisonment.

The court's order maintains that the severity of the punishment is warranted by the gravity of the crime.

The incident occurred on March 31, 2019, when the complainant, Suleman, was present at his home, which is adjacent to the house of his paternal aunt Kausar.

Around 8:30 am, he heard cries coming from his aunt's house. He rushed to her house along with Ismail and Siddique. Kausar informed them that her husband, the accused, had locked their daughter (the victim), approximately 14-year-old, in a room, and she was crying inside. When they asked the accused to open the door, he refused. They forcibly entered the room and caught him in the act of rape.

The defence argued that the case was fabricated for domestic reasons and that the prosecution had failed to prove its case beyond a reasonable doubt.

They pointed to contradictions in the prosecution's case, the absence of physical evidence of injury, and the lack of support from medical evidence. However, the judge dismissed these arguments, emphasising that the evidence and circumstances surrounding the case overwhelmingly supported the verdict.

The accused's claim that the case was fabricated for blackmail purposes was also refuted, as both the victim and the accused's wife were already residing in the same house with him, eliminating any need for such actions.

Published in The Express Tribune, September 23^rd, 2023.