Sunday, 5 August 2012

Case of a girl raped by Father

Judgment in a case where the girl was raped by her father.

 Citation Name  : 2012  YLR  847     FEDERAL-SHARIAT-COURT
  Side Appellant : ZULFIQAR ALI
  Side Opponent : State




S. 376--- Rape--- Appreciation of evidence---Victim girl was subjected to zina by her own father---Statement made by the victim inspired confidence; it appeared, but natural that she did not report the matter to police on the first two occasions when she was unmarried and had naturally considered its future repercussions against her father---Victim was also conscious of the honour of her family as stated by her---family pressure in such matters was always apparent; in her own words, when she got sick of the attitude of her father, she had no other option, but to report the matter to the Police---Victim girl had made a very convincing statement---All the three times after her rape, she protested and complained about the occurrence to her mother; her statement was fully supported by medical evidence; and further corroborated by report of the Chemical Examiner---Nothing was on record to show that she was either a girl of easy virtue or had any bad reputation in the community---Mere delay in lodging F.I.R., per se was not at all fatal to the case of prosecution, if the other evidence, inspired confidence and delay was plausibly explained----In the present case, the delay had been plausibly explained---Mental agony of the young teenager girl, could be well-imagined as she was raped by her real father---Single accused having been nominated in the case, delay plausibly explained, was natural and reasonable and did not damage the prosecution case---Discrepancies and contradictions about time, were very trivial and natural and did not affect the main version about the occurrence---Defence plea taken by accused about relations of the victim girl with a person, was baseless, unsubstantial and appeared rather criminal---No cogent piece of evidence or any defence witness was available to support said allegation---Deposition of victim girl found full support from the testimony of her mother---Statements by both were fully consistent in material particulars, rang true and inspired confidence---Report of the Chemical Examiner as well as DNA report, had lent corroboration---Real daughter would never charge her own father for committing such a heinous offence, without any rhyme or reason---Prosecution had proved its case against accused to the hilt, keeping in view the gravity of the offence, accused deserved an exemplary deterrent punishment---Accused, had been rightly convicted and sentenced and impugned judgment called for no interference---Conviction and sentence awarded to accused by the Trial Court, was maintained and murder reference was confirmed and answered in affirmative.

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