SC acquits man after 12 years in jail over daughter abuse case

ISLAMABAD (Dunya News) - The Supreme Court of Pakistan has acquitted a man, who had been serving a life sentence for 12 years, over allegations of sexually assaulting his daughter.

The top court nullified the convictions handed down by the Lahore High Court and the trial court.

A three-member bench led by Justice Hashim Kakar heard the case, with the 10-page written verdict authored by Justice Ali Baqar Najafi.

According to the verdict, the mental maturity of the alleged victim, who was between six and seven years old at the time, was not assessed when her statement was recorded—an omission deemed a violation of the Law of Evidence. The ruling emphasised that a child’s testimony is only admissible if the judge is convinced of the child's understanding.

The court also noted inconsistencies in the victim’s statements, unclear details regarding the date and time of the incident, and contradictions in the medical reports. Initially, the medical examiner confirmed sexual assault, but later denied it under cross-examination.

Additionally, the complainant (the child's mother) and her brother were not eyewitnesses, but hearsay witnesses. The verdict also highlighted family disputes and property disagreements, casting further doubt on the credibility of the allegations.

Citing unreliable evidence and procedural flaws, the Supreme Court ordered the accused's acquittal. The court directed that he be released immediately if he is not wanted in any other case.

The case dates back to 2010, when the minor girl accused her father of abuse, leading to a life sentence and a fine of Rs 35,000 by the trial court. The Lahore High Court upheld the conviction in 2013. However, after appealing to the Supreme Court, the accused has now been cleared of all charges.