Sexual abuse incidents be curbed with iron hand: SC

ISLAMABAD: The Supreme Court (SC) has held that cases like sexual harassment are rising in the society, which have to be curbed with an iron hand.

A two-member bench of the apex court headed by Justice Ijazul Ahsen and Justice Mazahir Ali Akbar Naqvi rejected an appeal filed by Zahid against the order passed by the High Court of Balochistan, upholding the trial court convicting him of sexually abusing a seven-year-old girl.

The trial court had convicted the petitioner under Section 377-B PPC to face five-year rigorous imprisonment and pay Rs 500,000 fine. The five-page judgment authored by Justice Mazahir Ali Akbar Naqvi held 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.

“Although in the instant case, the statement of the victim is fully corroborated by the statement of PW-1 but 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,” the court held.

The court, while citing its earlier judgment, noted that it had categorically 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.”

The court held that a rape victim stands on a higher pedestal than an injured witness, for an injured witness gets the injury in the physical form while the rape victim suffers psychologically and emotionally. The court noted that the victim had specifically named the petitioner in her testimony before the court and had fully identified him, adding that there was no previous enmity between the parties, which could lead to false implication of the petitioner in the case.

The court observed that although the victim was of tender age, her statement depicts maturity of the highest level, which is in consonance with the statement of Ms Najma (PW-1), who happens to be her mother.

As far as the identity of the petitioner is concerned, the court observed that there is not an iota of doubt about his identity because he is a neighbour of the victim. “For what has been discussed above, this petition having no merit is accordingly dismissed and leave to appeal is refused,” the court concluded.