A sessions court has sentenced a man to 10-year imprisonment in a rape case. Muhammad Nadeem alias Baloch was found guilty of sexually abusing a physically disabled woman with the consent of her husband within the jurisdiction of the New Karachi police station in 2023.
Additional Sessions Judge (Central) Mirza Tauseef Ahmed observed that in view of the confidence-inspiring testimony of the victim, corroboration by highly conclusive DNA report and consistent testimonies of witnesses, the prosecution proved its case against the accused beyond reasonable doubt.
The judge sentenced the convict to suffer 10 years of rigorous imprisonment and pay Rs100,000 as compensation to the victim or undergo additional two-year imprisonment on default. “Since the convict is a first offender, having no previous criminal record and is young man of aged 28 years, who needs to be integrated in the society after serving out his sentence, he deserves leniency in sentencing,” he added.
About an affidavit submitted by the victim, the judge said that it appeared to be an out-of-court settlement. “No any benefit of such settlement can be given to the accused as the offence of rape which also affects the society at large is made non-compoundable by the legislature,” he added.
According to state prosecutor Hina Naz Shams, the complainant, hailing from Punjab, stated that she was living at her cousin’s house in Surjani Town after matrimonial dispute with her husband, who had contracted second marriage. She said that on July 12, 2023 she returned to her husband’s house in New Karachi after her cousin helped reconcile differences between them.
The woman said her husband asked her to work as a housemaid to earn for him but she refused due to being paralyzed in one hand because of polio. On July 14, she claimed that her husband brought his friend and co-worker Nadeem to house, who raped her, while her husband and his second wife stood guard outside.
In his written order, the judge noted: “The accused has not alleged any enmity or malafide upon the victim to falsely implicate him. Had there been any enmity, the complainant/victim could have nominated the accused in the FIR but she was not even aware of his name which she came to know letter when she visited the working place of her husband and found the accused there and also came to know his name.”
“As to non-resistance by the victim at the time of incident is concerned, she also explained that she was beaten up by her husband when she refused. She is also a polio patient and she cannot be expected to resist physically. All these circumstances, show that as she was not able to work and earn for her husband, her husband brought another person for earning money through sexual services and she was subjected to rape.”
