PESHAWAR: A Nowshera court on Wednesday convicted a man of sexually assaulting and killing an eight-year-old girl and awarded death sentence and Rs310,000 fine to him.

Exercising the powers of a child protection court, district and sessions judge Shehnaz Hameed Khattak also handed down life imprisonment and Rs200,000 fine to the co-accused.

The girl was killed on Jan 18, 2020, in the jurisdiction of the Nowshera Kalan police station. The postmortem report confirmed that she was sexually assaulted.

The murder had triggered a public outcry with civil society groups staging several demonstrations and the users of social media highlighting the issue.

The people also held a demonstration outside the Khyber Pakhtunkhwa Assembly’s building after which the house discussed the incident.

Nowshera court also awards life sentence to co-accused

Complainant in the case was an uncle of the girl, Yousaf Jehan, who had told the police that the child had gone to a nearby seminary along with her younger sister and afterwards, her sister reached home but she didn’t return after which they began search for her.

He had alleged that when he and other family members reached the place of crime, they spotted the two accused drowning the missing girl in a water tank.

The complainant claimed that the two accused fled after the crime and that the girl was found dead after it was pulled out of the tank.

The court pronounced the sentencing of the prime accused, Abdar, to death on three counts, including sections 302 (intentional murder), 376 (rape) and 364-A (kidnapping a child under 14 years of age) of Pakistan Penal Code.

He was also awarded seven years rigorous imprisonment under Section 53 (sexual abuse) of the KP Child Protection and Welfare Act.

He was collectively fined Rs310,000. Of the amount, Rs200,000 will be paid as compensation to the girl’s legal heirs.

Also, co-accused Rafiqul Wahab was convicted under Section 302 of the PPC and sentenced to life imprisonment with a fine of Rs200,000 to be paid as compensation to the legal heirs of the deceased.

However, he was acquitted of the charges of the girl’s rape and abduction.

Senior public prosecutor of Malakand region Sangeen Shah was appointed by the provincial government as the special prosecutor for the case.

Advocate Ijaz Mohammad appeared for the complainant.

Mr Sangeen argued that the prosecution had proved its case beyond any shadow of doubt against the accused.

He added that the prime accused had recorded his confessional statement before a magistrate declaring he had enticed the girl to the place of crime by claiming he had brought glitter for her.

The public prosecutor said the police also seized a glitter bottle and the girl’s shoes on the pointation of Abdar.

He said the deceased’s younger sister had also claimed that when they both were going to the seminary, the prime accused had asked her sister to go along with him to get glitter.

Mr Sangeen said the testimonies of the prosecution witnesses proved the involvement of the two accused in the commission of the offence.

He added that keeping in view the severity of the offence, the accused did not deserve any leniency.

Published in Dawn, December 2nd, 2021