LHC orders rapist to pay Rs1m to infant

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LAHORE: The Lahore High Court has ordered a man convicted of raping a woman to pay Rs1 million as compensation to an infant girl born as a result of his crime.

Justice Mohammad Anwarul Haq also dismissed an appeal of convict Nadeem Masood against the decision of a trial court in Bhalwal which had sentenced him to 20 years in prison and imposed a fine of Rs100,000 on Dec 4, 2012, for raping the woman.

The woman was seven months pregnant when the case was registered on Aug 23, 2010. The convict had been raping her, but she remained quiet because of fear and gave birth to a girl. A DNA test also confirmed that the convict was biological father of the child.

In his detailed judgment, Justice Haq observed: “I am of the considered view that the minor girl born as a result of the crime committed by the appellant is ‘a person’ who will suffer mental anguish and psychological damage in her whole life and, therefore, she is entitled for the compensation provided under the law.”

The judge also ordered that in case of default of payment (Rs1m), the convict would undergo further imprisonment for six months.

The judgment said the victim woman, having an independent right to sue the appellant under the civil law, was at liberty to do the same as and when she so desired and this order of compensation in her favour shall not prejudice her claim on civil side.

It said the compensation amount after realisation shall be deposited in the name of the minor girl in the shape of saving certificates and the amount so deposited shall only be payable to the minor after she attains maturity.

Published in Dawn, August 8th, 2015

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