Supreme Court refuses petitioner ‘right to appeal’ in seven-year-old girl rape case

The top court has ruled that the statement of a rape victim in isolation itself is sufficient for a conviction if the same reflects that it is independent, unbiased and straight forward to establish the accusation against the accused.

“The law is very clear about this that the statement of the victim in isolation itself is sufficient for conviction if the same reflects that it is independent, unbiased and straight forward to establish the accusation against the accused,” a five-page judgment authored by Justice Sayyed Mazhar Ali Akbar Naqvi stated.

The ruling came during the hearing of a criminal petition filed by a convict, who was being found guilty in a case registered under sections 377-B/354/511 PPC for sexually abusing a seven- year-old girl and for using criminal force against her mother (complainant).

The Balochistan High Court had upheld his conviction of a five-year sentence under Section 377-B PPC as well as two years RI under Section 354 PPC.

A division bench of the apex court led by Justice Ijazul Ahsan heard the matter.

The bench referred to its recent judgment wherein it was held that “rape is a crime that is usually committed in private, and there is hardly any witness to provide direct evidence of having seen the commission of crime by the accused person”.

The court in the instant case has noted that the victim had specifically named the petitioner in the testimony before the court and had fully identified him.

As far as the delay in lodging the FIR is concerned, the judgment noted that the court has rightly held that in such like cases victims or their families are reluctant to come forward to promptly report the crime because of the trauma that has been suffered, therefore, the delay in reporting a sexual assault to the police is not very material.

Source: Express tribune