PESHAWAR, Jan 13: The Federal Shariat Court on Friday reserved its judgment on an appeal filed by a convict in a rape case. Earlier an FSC bench comprising Justice Dr Fida Muhammad Khan heard arguments of Maazullah Barkandi, counsel of appellant Abdur Rehman alias Abdur. An additional district and sessions judge Swat had convicted the appellant of raping one Ajmeena and sentenced him to five years rigorous imprisonment with 30 lashes. He was also sentenced to pay a fine of Rs2000.

The victim, according to the prosecution, had stated that she was subjected to sexual abuse the appellant at his home for many days. She escaped from his residence of the appellant and lodged a complaint with Matta police station.

The counsel for the appellant pleaded that his client worked as a labourer with Muhammad Ameen at Matta (Swat district). He argued that when the appellant asked Ameen for wages after a few months of work he was told by Ameen that he did not have money. He, however, offered the appellant hand of his daughter.

He stated that the appellant was handed over the girl and he soleminised nikkah with her.

He contended that the appellant had not committed any offence and the victim was his wife. When the bench observed that there was no evidence on record to prove that the girl was his wife and that during the trial not a single witness was examined in support of this contention, the counsel contended that the appellant was an illiterate person, therefore he did not have a nikkahnama.

The bench, however, observed that even if he was illiterate he was bound to follow legal procedure for nikkah.