Saturday September 30, 2023

SHC upholds death sentence of minor girl’s rapist

September 20, 2023

KARACHI: The Sindh High Court on Tuesday upheld the death sentence of a convict in a child rape case. Appellant Amjad Ali was sentenced to death by an anti-terrorism court for raping a nine-year-old girl in the Sukkan area on February 2, 2018.

According to the prosecution, the appellant committed rape with the girl when she went to the neighbour’s house for playing.

The appellant’s counsel submitted that there was a delay in the registration of an FIR and the appellant was not nominated in the case. He submitted that there were material contradictions in the evidence of the prosecution witnesses and no prosecution witness was examined from the neighborhood to testify the event.

The additional prosecutor general supported the trial court judgment, submitting that the prosecution proved its case beyond any reasonable doubt as the victim identified the culprit in the identification parade as the perpetrator who committed the rape. He said that the DNA report, medical evidence and other chemical examiner reports also connected the appellant to the commission of the offence.

The prosecutor further said the appellant had a history of similar offences as evidenced by his criminal record, and due to the heinous nature of his offence there was fear and insecurity among the people of the area.

A division bench comprising Justice Mohammad Karim Khan Agha and Justice Amjad Ali Bohio observed that the victim provided a detailed account of the gruesome act perpetrated against her and her testimony remained steadfast without wavering on any material point related to the incident.

The court observed that the DNA report of the appellant proved the prosecution case that the appellant was a habitual offender of committing rape with girls of minor age. It observed that the evidence of DNA not only bolsters the case but also indicates a pattern of the appellant being a habitual offender in committing rape with minor girls. It further said the combination of DNA evidence, the victim’s testimony and medical evidence collectively serves as compelling evidence against the appellant, besides highlighting the gravity of his repeated offences against innocent minor girls.

The court observed that after thorough reassessment of evidence and considering the findings of the trial court. it was proved that the appellant’s action particularly the repeated commission of rape with minors were heinous and the evidence brought on record was trustworthy and confidence inspiring.

It observed that the appellant does not deserve any leniency and his conviction of death sentence is upheld and confirmed.