- The court finds that the prosecution has proven that rape is beyond doubt.
- The victim’s testimony is described as credible, natural and impartial.
- Penalty includes fine, victim restitution under APA.
KARACHI: An Additional District and Sessions Judge in Karachi sentenced a man to 10 years rigorous imprisonment after convicting him 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.”
“It cannot be accepted that a mother… would think of implicating her real daughter to falsely implicate her husband just to usurp his property.” The defense witnesses – Irfan’s father and uncle – turned out to be interested parties whose testimony did not support the demand for 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 jail term, Irfan was fined Rs 100,000. If he is not paid, he faces another six months of simple imprisonment. The judge ordered that any fine paid be given to the victim as compensation under the Anti-Rape (Investigation & Trial) Act, 2021.
According to the First Information Report (FIR) and court records, the incident took place around 3 a.m. in September 2023. The victim testified that after using a ground-floor toilet, her father dragged her into a room, locked it, forced her and raped her. He subsequently threatened to kill her and divorce her mother if she revealed the crime.
The victim initially confided in her aunt, who later informed the victim’s mother, Shahnaz Kanwal. The mother filed the FIR at the Korangi Industrial Area police station on December 28, 2023.
In his detailed 13-page judgment, Justice Khan noted that the prosecution had proved its case “beyond the shadow of any reasonable doubt.” The court found the victim’s evidence to be “natural, independent, impartial and straightforward.”
The judge cited Supreme Court rulings that state that in sexual assault cases, the victim’s sole testimony can be sufficient for conviction if it inspires confidence.
The victim’s statement was supported by her recorded statement under section 164 of the Code of Criminal Procedure before a magistrate, her mother’s testimony and medical evidence.
The judge further noted that failure on the part of the investigators to collect crucial evidence could not benefit the accused when the commission of the offense had been established through the testimony and available material.
The verdict has been forwarded to the Sindh High Court for review, as mandated by the Anti-Rape Act. The accused has 30 days to appeal the case.
The defendant was remanded in custody after the verdict was served, while the court ordered the sentence to be carried out in accordance with the law.
