- The court finds that the accusation of rape has proven beyond doubt the accusation of rape.
- The victim’s testimony is described as credible, natural and impartial.
- The punishment includes a fine and compensation for victims under the APA.
KARACHI: An additional district and sessions judge in Karachi has sentenced a man to 10 years of rigorous imprisonment after finding him guilty of raping his 18-year-old daughter in Korangi Industrial Area.
Additional District and Sessions Judge (East) Naseer Noor Khan, in a judgment dated December 22, rejected the accused’s claim that the case was fabricated to usurp his property, saying such a motive was “unreasonable and unbelievable”.
“We cannot accept that a mother… thinks of implicating her real daughter for having falsely implicated her husband with the sole aim of usurping his property.” The defense witnesses – Irfan’s father and uncle – turned out to be interested parties whose testimony did not support the allegation of property seizure.
The court found Muhammad Irfan guilty under Section 376 of the Pakistan Penal Code (PPC). The conviction stems from the rape of his 18-year-old daughter in September 2023 at their home in Nasir Colony, Korangi.
In addition to the prison term, Irfan was fined 100,000 rupees. If he is not paid, he will face a further six months of simple imprisonment. The judge ordered that any fine paid be paid to the victim as compensation under the Rape (Investigation and Trial) Act 2021.
According to the first information report (FIR) and court records, the incident took place around 3 am in September 2023. The victim testified that after using the downstairs toilet, her father dragged her into a room, locked it, forcibly silenced her and raped her. He then threatened to kill her and divorce her mother if she revealed the crime.
The victim first confided in her aunt, who then informed the victim’s mother, Shahnaz Kanwal. The mother lodged the FIR at the Korangi industrial zone police station on December 28, 2023.
In his detailed 13-page judgment, Justice Khan noted that the prosecution had proven its case “beyond a shadow of reasonable doubt”. The court found that the victim’s testimony was “natural, independent, impartial and direct.”
The judge cited Supreme Court rulings that in sexual offenses cases, the victim’s testimony alone can be sufficient for a conviction if it inspires confidence.
The victim’s statement was supported by her statement recorded under Section 164 of the Criminal Procedure Code before a judicial magistrate, the testimony of her mother and medical evidence.
The judge further observed that the inability of the investigators to gather vital evidence could not benefit the accused when the commission of the offense had been established by the testimonies and materials available on record.
The judgment was sent to the Sindh High Court for review, as required by the anti-rape law. The accused has 30 days to appeal.
The accused was detained after the verdict was announced, while the court ordered that the sentence be carried out in accordance with the law.
