Man imprisoned for two years for marrying minor girl

A sessions court has sentenced a man to two years in prison for marrying a minor girl.

Ashraf Ali, a private school teacher, was found guilty of marrying his 16-year-old grade 9 student in 2019.

Additional Sessions Judge (South) Ashraf Hussain Khowaja observed that as per the National Database & Registration Authority’s (Nadra) record, the girl was born on February 13, 2003, which was also confirmed by her parents in their testimonies.

“Ossification test of the victim was also conducted by the office of Police Surgeon Karachi, in which her age was declared between 16 and 17 years, near to 17 years, therefore, the charge under Section 3 of Sindh Child Marriage Restraint Act 2013 is successfully proved against the accused,” he ruled.

The judge awarded two years of rigorous imprisonment to the convict for the offence and ordered him to pay a fine of Rs100,000 or undergo additional six months imprisonment over default.

Citing the statement of the girl recorded before a judicial magistrate, the judge noted that she left her house along with the accused and went to Sukkur where their nikkah was solemnised. She also deposed that nobody had kidnapped her.

Therefore, the judge stated that the offences of abduction and rape were not proved.

According to State Prosecutor Irfana Qadri, the accused lured the minor girl into marrying him. She contended that there was sufficient evidence to link the accused with the commission of the offence, pleading with the judge to punish him as per the law.

During the trial, the girl's father testified that Ali taught Sindhi at his daughter’s private school and was hired to give additional lessons to her at their residence. He stated that Ali taught his daughter for three to four months, but her progress was unsatisfactory, due to which he discontinued her tuition.

On March 8, 2019, the father stated, he traveled to Lahore for personal reasons.

Two days later, his wife informed him that their daughter was missing, he said, adding that upon returning to Karachi, he searched for her and eventually learned that Ali had allegedly kidnapped his daughter with the intent to sexually assault her.

The girl testified that the accused was hired to teach her at her residence after the school's headmistress had assured her parents that he was the father of four and would teach her in a safe environment. Initially, he focused on teaching, but soon started discussing personal matters and did not teach properly, she said.

She recalled that Ali would taunt her saying no one would marry her because of her short height. As the exams approached, he offered help in exchange for her agreeing to talk to him over phone, which she did. Over phone, he would talk about elopement and marriage.

When her father had gone to Lahore, Ali learned she was alone with her mother so he told her that he was coming to get her, the victim said, adding that she left her parents’ house with gold ornaments and other valuables, which the accused later handed over to his cousin for safekeeping but after some time, his cousin sold them.

In his statement, the accused denied the allegations of the prosecution saying that the girl contracted marriage with him of her own freewill.