- The court considers that the prosecution demonstrated that the rape charge is beyond doubt.
- The victim’s testimony was described as credible, natural and impartial.
- The sentence includes a fine and compensation to victims according to the APA.
KARACHI: An additional district and sessions judge in Karachi sentenced a man to 10 years 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 on December 22, dismissed the accused’s claim that the case was fabricated to encroach on his property, stating that such a motive was “unreasonable and incredible”.
“It cannot be accepted that a mother… thinks of involving her real daughter by falsely implicating her husband just to usurp his property.” The defense witnesses (Irfan’s father and uncle) were found to be interested parties whose testimonies did not substantiate the property appropriation claim.
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 his home in Nasir Colony, Korangi.
In addition to the prison sentence, Irfan was fined Rs 100,000. If he is not paid, he will face an additional six months of simple imprisonment. The judge ordered that any fine paid be given to the victim as compensation under the Anti-Rape (Investigation and Prosecution) Act, 2021.
According to the First Information Report (FIR) and court records, the incident occurred around 3 am in September 2023. The victim testified that after using a bathroom on the ground floor, her father took her to a room, locked her, forcibly silenced her and raped her. He later threatened to kill her and divorce her mother if she revealed the crime.
The victim initially confided in her aunt, who then informed the victim’s mother, Shahnaz Kanwal. The mother lodged the FIR at Korangi Industrial Area Police Station on December 28, 2023.
In his detailed 13-page judgment, Judge Khan noted that the prosecution had proven its case “beyond reasonable doubt”. The court found the victim’s evidence to be “natural, independent, impartial and direct.”
The judge cited Supreme Court rulings stating that in cases of sexual crimes, the victim’s sole testimony can be sufficient for conviction if it inspires confidence.
The victim’s statement was supported by her statement recorded under Article 164 of the Code of Criminal Procedure before a judicial magistrate, the testimony of her mother and medical evidence.
The judge further observed that the failure of investigators to collect vital evidence could not benefit the accused when the commission of the crime had been established through testimonies and material available on record.
The judgment has been referred to the Sindh High Court for review, as provided under the Anti-Rape Act. The accused has 30 days to file an appeal.
The defendant was taken into custody after the verdict was announced, while the court ordered that the sentence be carried out in accordance with the law.
