Criminal Acquittal Appeal No. 206 of 2023
The accused, MA, molested an eight year old in the neighbourhood of Eesa Nagri. The survivor, J, had gone to MA’s house for tuition. MA, the teacher’s brother took her to another room, removed her trousers, touched her inappropriately and asked her to stay quiet.
At trial, the survivor identified the accused in court. Her mother testified that her child came running to her house that afternoon in panic. Neighbours also testified that they saw J run away from the house of the Defendant.
In his defense, MA claimed that he was falsely accused by the Christian family due to his faith. He claimed that the case was part of a conspiracy to evict his family from the predominantly Christian neighborhood. The trial court found this argument persuasive and acquitted the accused.
The High Court’s Findings
On appeal, the High Court identified “many infirmities and illegalities” in the trial court’s reasoning. The trial court erroneously required evidence to support a claim of rape when the charge against the accused was that of sexual abuse of a minor under Section 377-A of the Pakistan Penal Code.
The High Court further noted that the testimony of J was “un-shattered and fully corroborated”. The accused’s plea of being falsely implicated due to sectarian issues was rejected. The High Court noted that the Christian community in the area was neither financially nor socially powerful, and J herself was the daughter of a sweeper. Furthermore, MA provided no proof to substantiate his claim of animosity.
The High Court allowed the criminal acquittal appeal, setting aside the impugned judgment. The accused, MA, was convicted for sexual abuse.
The High Court emphasised that “child abuse cases are not to be dealt in a haphazard manner” and that “taking a lenient view in deciding such cases should be strictly avoided at all costs.”
