ISLAMABAD: The Supreme Court on Thursday acquitted a man who had spent the past 12 years in prison on allegations of raping his minor daughter, after identifying major contradictions and gaps in the prosecution’s case.
The order, issued on August 26 and authored by Justice Ali Baqar Najafi, described the prosecution’s evidence as “deficient of trustworthiness” and set aside the earlier sentence. “The sentence and conviction of the appellant is set aside. He be released forthwith if not required in any other case,” the court directed.
According to case records, the allegations date back to 2010, when the then six- or seven-year-old victim told her mother and maternal uncle that her father had committed a “wrong act” with her, leaving her in pain.
On October 2, 2010, she reportedly went to her mother in tears and made the disclosure. The father was arrested shortly after, charged under Section 376(1) of the Pakistan Penal Code, and later sentenced to life imprisonment with a Rs35,000 fine. The Lahore High Court upheld the conviction in 2013, leading the accused to approach the apex court.
The SC ruling noted that the mother’s version of events placed the alleged assault at 2:00 pm that day, but the victim’s testimony contained discrepancies that undermined her credibility.
Justice Najafi highlighted that such testimony required strong corroboration, especially given the child’s young age.
Medical evidence also came under scrutiny. While the doctor initially stated during examination-in-chief that the child had been subjected to rape, she contradicted this under cross-examination, citing the chemical examiner’s report, which found no evidence of sexual assault.
“This leaves the court to a serious question on the credibility of the statement of the victim and the possibility of false implication of the appellant,” Justice Najafi wrote. The order further noted that tensions and disputes between the complainant (the child’s mother) and the accused father had also surfaced in the record.
The judge observed that the trial court had not applied the Rationality Test before recording the child’s statement. He stressed that while a minor can serve as a competent witness, the court must first determine the child’s maturity and understanding of the facts through targeted questions and observations. The absence of this step weakened the reliability of the testimony, the SC held.
The acquittal comes against the backdrop of persistent concerns over sexual violence and child abuse in Pakistan. Despite stringent laws prescribing the death penalty or long-term imprisonment for rape, conviction rates remain low due to weak investigations, unreliable testimony, and social stigma.
Data released last year by Sahil, an NGO tracking child sexual abuse cases, showed that most perpetrators are either family members, neighbours, or close acquaintances.
In one recent case in Bahawalpur, four suspects accused of raping and killing an 11-year-old girl were revealed to be her own relatives, including two maternal uncles.
