- Court finds prosecution proved rape charge beyond doubt.
- Victim’s testimony termed credible, natural and unbiased.
- Sentence includes fine, victim compensation 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 the Korangi Industrial Area.
Additional District and Sessions Judge (East), Naseer Noor Khan, in a judgment dated December 22, dismissed the accused’s claim that the case was fabricated to usurp his property, stating such a motive was “unreasonable and unbelievable.”
“It cannot be accepted that a mother… would think to involve her real daughter for falsely implicating her husband just to usurp his property.” The defence witnesses — Irfan’s father and uncle — were found to be interested parties whose testimonies did not substantiate the property-grab 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 their home in Nasir Colony, Korangi.
In addition to the prison term, Irfan was fined Rs100,000. If unpaid, 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 & Trial) Act, 2021.
According to the First Information Report (FIR) and court records, the incident occurred around 3am in September 2023. The victim testified that after using a washroom on the ground floor, her father pulled her into a room, locked it, forcibly silenced her, and raped her. He subsequently threatened to kill her and divorce her mother if she disclosed the crime.
The victim initially confided in her aunt, who later informed the victim’s mother, Shahnaz Kanwal. The mother lodged the FIR at the Korangi Industrial Area police station on December 28, 2023.
In his detailed 13-page judgment, Judge 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, unbiased and straightforward.”
The judge cited Supreme Court rulings stating that in sexual offence cases, the victim’s sole testimony can be sufficient for conviction if it inspires confidence.
The victim’s statement was backed by her recorded statement 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 failure on the part of investigators to collect vital evidence could not benefit the accused when the commission of the offence had been established through testimony and available material on record.
The judgment has been forwarded to the Sindh High Court for review, as mandated by the Anti-Rape Act. The accused has 30 days to file an appeal.
The accused was taken into custody following the announcement of the verdict, while the court directed that the sentence be carried out in accordance with the law.
