LAHORE: The Lahore High Court has commuted the death sentence of a rape convict to life imprisonment in light of negative DNA report and the age of the convict at the time of the occurrence.
“We have concluded that the prosecution has proven its case against the appellant, Muhammad Rafique, beyond any doubt. However, the factors that have persuaded us not to uphold the capital sentence of the appellant are the negative DNA report and the appellant’s age at the time of the incident,” says a judgment authored by Justice Aalia Neelum, who headed a two-judge bench.
Rafique assailed his conviction and sentence handed down by a sessions court of Kasur district in 2021 on the charge of sexually assaulting an eleven-month-old baby girl.
The judge observed that it was a fact that the accused abused an infant.
She noted that in the traditional, non-permissive bounds of our society, no parent of a minor or girl or woman of self-respect and dignity would depose, falsely implicating somebody of ravishing her chastity, by sacrificing and jeopardising her future.
“It is not the law that, in every case, a version of the complainant or victim must be corroborated in material particulars by independent evidence on record,” she added.
Justice Neelum observed that the rape is an offence that is violative of the fundamental right of every person.
The judge maintained that the prosecution witnesses’ deposition was straightforward, confidence-inspiring, and appeals to reason.
The judge said that despite lengthy cross-examination, the defence could not create any serious crack going to the roots of the case.
However, the judges said based on the grounds discussed in the case, “we believe that mitigating circumstances exist about the quantum of the appellant’s sentence. Therefore, we believe the death sentence awarded to the appellant is quite harsh.”
The judges converted the death sentence of the appellant to life imprisonment.
Justice Muhammad Waheed Khan was the other member of the bench.
Published in Dawn, November 15th, 2023
