Shangla man gets life sentence over kidnapping, marital rape of minor wife

A gender-based violence court in Shangla sentenced a man to life imprisonment and fined him Rs300,000 for abducting and sexually assaulting his underage wife whose Rukhsati had not yet taken place.

In his verdict, Additional Sessions Judge Mohammad Khan Yousufzai ruled that the prosecution had proven the crime against Rashid Ali and the evidence linked him to the offence.

The court sentenced the accused to life imprisonment with a fine of Rs100,000 under Section 365-b (kidnapping) of the Pakistan Penal Code. He received another 25-year sentence and a fine of Rs200,000 under Section 376 (rape) of the PPC.

The court, however, acquitted seven of the convict's family members due to insufficient evidence. The convict's lawyers argued that the victim was his client's legal wife, and therefore, no crime was committed.

The court noted that even if the allegation of marital rape is disregarded, the victim's age still falls under the definition of a "child," being under 18 years of age.

An FIR for the kidnapping of the girl was filed against the accused at the Karora police station in Shangla on June 10, 2023.

The victim's mother stated in her complaint that she had been widowed ten years ago. She had arranged her daughter's nikah to the accused, but the Rukhsati had not yet taken place.

According to her, she had requested that the accused, Rashid Ali, to arrange a separate home for her daughter before the formal marriage ceremony took place. However, he disagreed.

The accused, along with his kin, one night, broke into her home and abducted her daughter. The rest of the family, including the victim's sister and brother, were tied up and beaten.

The victim remained captive for four days. Police then recovered her and brought her before a judicial magistrate, where she recorded her statement, saying that the accused had repeatedly sexually assaulted her.

After her statement, the police included sections of the PPC and Khyber Pakhtunkhwa Child Protection and Welfare Act about sexual abuse in the FIR.

The victim's lawyer told the local media that after a lengthy trial, the accused was finally punished. The Peshawar High Court had also previously rejected the accused's bail pleas.

He noted that this is the first conviction under the amendments made to the PPC in 2021.