The Sindh High Court (SHC) has set aside the acquittal of a man in a child abuse case and sentenced him to 14-year imprisonment observing that the prosecution had proved its case against the respondent.
Issuing judgment on an appeal against the acquittal of the accused, a division bench of the high court comprising SHC Acting Chief Justice Zafar Ahmed Rajput and Justice Miran Mohammad Shah observed that child abuse cases should not to be dealt in a haphazard manner and taking a lenient view in deciding such cases should be strictly avoided at all costs.
The high court observed that the way such offences/cases were increasing in the country, exemplary punishments were the need of the hour to deter future incidents of such nature.
Aslam Masih had challenged the acquittal of a man, Mohammad Amir, by the trial court in a child molestation case.
According to the prosecution, the respondent was arrested by the police for molesting an eight-year-old girl in the PIB Colony area on May 4, 2021.
A counsel for the appellant submitted that the respondent had sexually abused the girl, however, the trial court acquitted him despite the victim accusing him of the crime in a statement and other supporting evidence.
The counsel contended that the trial court had failed to appreciate the evidence of the prosecution witnesses while recording acquittal of the respondent and stated that the evidence adduced by the prosecution witnesses was sufficient to warrant conviction and requested the high court to set aside the acquittal and convict the respondent.
An additional prosecutor general did not support the acquittal of the respondent on grounds that the trial court assessed the evidence on record keeping in mind the charge of attempting Zina under the sections 376/511 while it was a case of sexual harassment under the Section 377-A, which the prosecution had been able to prove beyond any reasonable doubt.
A counsel for the respondent submitted that he had been victimised due to the sectarian issue at the hands of the complainant party.
The SHC after hearing the arguments of the counsel observed that it appeared from the perusal of record that there were many infirmities and illegalities in the reasoning for acquittal, which showed its arbitrariness.
The bench observed that the trial court had completely overlooked the statement of the victim despite the evidence being un-shattered and fully corroborated, which was sufficient piece of evidence for conviction as per dicta laid down by the Supreme Court.
The SHC observed that the trial court had confused the offences, treating this case as one of rape, whereas in reality, the entire case was of sexual abuse. The high court also discarded the defence of the respondent that he was falsely implicated in the case by the Christian community.
The SHC observed that the trial court was unable to appreciate the wisdom of the law. The high court observed that the statement of the victim had categorically described the incident while identifying the accused and such deposition was duly supported by the corroboratory piece of evidence as well as medical evidence, which should have not been ignored on the flimsy ground taken by the respondent.
The SHC set aside the trial court order with regard to acquittal of the respondent and sentenced him to 14-year imprisonment with a fine of Rs1 million.
The bench observed that the respondent was not present in the court, therefore, perpetual non-bailable warrants against the respondent be issued through the East SSP and an officer of not below the rank of inspector be deputed for taking him into custody to serve the awarded sentence in a prison.