PESHAWAR: The Peshawar High Court has rejected the appeal of a convicted rapist and killer and upheld his death sentence awarded by the trial court.

A bench consisting of Justice Ishtiaq Ibrahim and Justice Sahibzada Asadullah ruled that as the medical evidence confirmed the involvement of the appellant in the sexual assault and torture murder of an eight-year-old girl in Nowshera district, it was convinced that the prosecution’s story on the matter was natural, trustworthy and confidence-inspiring.

It added that the confession by the appellant before a judicial magistrate was “true and voluntary.”

The bench declared that when that confessional statement was taken into consideration with medical evidence, the positive DNA report and injuries on the girl’s body, it was clear that it was the appellant who subjected the girl to physical violence to satisfy his lust before killing her.

The incident took place in the jurisdiction of Nowshera Kalan police station on Dec 27, 2018, and caused a public outcry, especially on social media forums.

Declares medical evidence confirms involvement of appellant in crimeDeclares medical evidence confirms involvement of appellant in crime

Its FIR was registered by the police on Dec 28, 2018, under the Pakistan Penal Code’s Section 302 (intentional murder) and Section 376 (rape), and the Khyber Pakhtunkhwa Child Protection and Welfare Act’s Section 50 (exposing a child to seduction) and Section 53 (sexual abuse).

The girl, a third grader in a local school, went to a seminary in a nearby area but didn’t return. Her mutilated body was found in a graveyard the next day. The police’s investigation led to the arrest of the petitioner.

The trial court convicted him on May 11, 2023, for sentencing him to death on two counts and ordered him to pay compensation to the tune of Rs1 million to the legal heirs of the deceased. He was also sentenced to different prison terms under provisions of the KP Child Protection and Welfare Act and fined him Rs300,000 in total.

“There is no denial of this fact that the unfortunate victim was raped and thereafter was done to death, with her no fault. The manner in which the appellant satisfied his lust finds no parallel in history,” the bench observed in its 26-page judgement.

“The poor girl left for madrassa but she could not come back as she fell prey to the appellant. She was taken to a graveyard where she was raped and butchered, she would have cried but there was no one to hear.

“What a tragedy this was that a screaming girl could not rescue herself from a beast and what a heart he had that after committing rape he mutilated her body,” read the judgement authored by Justice Asadullah. The bench observed that it was shocked to see every other child become the victim of abuse.

“We are still haunted by the souls of Zainab, Manahil and many more, who fell prey to monsters. Their muffled faces still visit their homes, a constant nightmare for the unfortunate mothers. We are struggling to know what pushed us from grace to disgrace. We are still anxious to know, why are we cursed?”

Published in Dawn, January 25th, 2024