KARACHI: A sessions court sentenced on Saturday two men to 20 years in prison in a case pertaining to rape of a mentally and physical disabled girl.

Mohammad Sajid was found guilty of subjecting the 16-year-old girl to rape on May 5, 2016 at her house in Bilawal Shah Noorani Goth in Sachal and Munir Ahmed was also held accountable for facilitating the main accused and abetting the offence.

The additional district and sessions judge (Malir), Shafi Mohammed Pirzada, who conducted the trial, read out the conviction order after recording evidence and concluding arguments from both sides.

The court also directed the convicts to pay a compensation of Rs50,000 each to the victim and in case of default they would undergo an additional six-month imprisonment.

The judge also handed down two years imprisonment to both men for criminally assaulting the victim with intent to outrage her modesty and also subjecting her and household to torture. However, both the sentences would run concurrently.

The court in its judgement observed that a sister and a brother-in-law of the victim and one of their neighbours were key prosecution witnesses and they deposed against the accused and their testimonies remained consisted on material points despite being subjected to cross-examination, adding that the victim was not examined since she was mentally and physical disabled.

The court further ruled that the documentary evidence, including medical and DNA reports, had corroborated the ocular evidence and the case stood proved against both men beyond a shadow of a doubt.

According to the prosecution, the victim, hailing from Rahim Yar Khan, came to Karachi before the incident and was residing with her elder sister and the brother-in-law.

The accused persons, who were the relatives of the victim and also residing in the same area, along with their two unidentified accomplices broke into the house, took the household hostage, beaten them up and subjected the 16-year-old to criminal assault, it added.

The prosecution further said that the elder sister of the victim also had a heated debate with the accused over a dispute related to children before the incident.

A case was registered under Sections 376 (punishment for rape), 354 (criminal assault to woman with intent to outrage her modesty), 337-A (punishment of Shajjah), 504 (intentional insult with intent to provoke breach of the peace) and 34 (common intention) of the Pakistan Penal Code on the complaint of the victim’s father at the Sachal police station.

Published in Dawn, January 21st, 2018

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