The Supreme Court of Pakistan has acquitted a man who spent 12 years in prison after being convicted of raping his daughter, overturning a life sentence and ordering his immediate release if not detained for other offenses. The top court’s decision reversed earlier rulings by both the trial court and the Lahore High Court, which had upheld the initial conviction. The three-judge bench, led by Justice Hashim Kakar, based its decision on a 10-page verdict penned by Justice Ali Baqar Najafi.
The Supreme Court determined the alleged victim’s testimony was unreliable because no evaluation of her mental capacity was performed when her statement was recorded. Legal precedent requires courts to ascertain a child’s understanding before accepting their testimony.
The judgment cited discrepancies in the victim’s narrative, including vague details regarding the date and time of the alleged assault. Medical evidence also proved contradictory, with initial indications of sexual assault later retracted under cross-examination. Further weakening the prosecution’s arguments, the girl’s mother and maternal uncle, who testified, provided only secondhand information. The court also considered existing family conflicts over property and personal matters, which further cast suspicion on the accusation.
The legal battle began in 2010 when the man’s daughter, then aged six or seven, accused him of rape. He was subsequently sentenced to life imprisonment and fined Rs35,000 by the trial court, a decision the Lahore High Court confirmed in 2013. The man then filed an appeal with the Supreme Court.