A court in Shangla has sentenced a man to life imprisonment and imposed a fine of Rs300,000 for the abduction and sexual assault of his underage wife, whose Rukhsati had not yet occurred.
In his ruling, Additional Sessions Judge Mohammad Khan Yousufzai determined that the prosecution successfully proved the crime against Rashid Ali, with substantial evidence linking him to the offense.
The court handed down a life sentence along with a Rs100,000 fine under Section 365-b (kidnapping) of the Pakistan Penal Code (PPC). Additionally, the accused received a 25-year sentence and a Rs200,000 fine under Section 376 (rape) of the PPC.
However, the court acquitted seven of the convict’s family members due to a lack of sufficient evidence. The defense argued that the victim was legally married to their client, thereby negating any criminal act.
The court, however, highlighted that regardless of the marital status, the victim was still considered a child under the law, as she was under 18 years old.
An FIR was lodged against Rashid Ali at the Karora police station in Shangla on June 10, 2023, for the kidnapping.
According to the victim’s mother, who filed the complaint, she had been a widow for ten years and had arranged her daughter’s nikah with the accused, but the Rukhsati had not yet been conducted. She had requested that Rashid Ali arrange a separate home for her daughter before the formal marriage ceremony, but he refused. One night, the accused and his relatives forcibly entered her home, abducted her daughter, and assaulted her family, tying up and beating the victim’s sister and brother.
The victim was held captive for four days before being rescued by the police. She then gave a statement before a judicial magistrate, detailing repeated sexual assaults by the accused.
Following her statement, the police added charges related to sexual abuse under the PPC and the Khyber Pakhtunkhwa Child Protection and Welfare Act to the FIR.
The victim’s lawyer informed local media that after a prolonged trial, justice was served with the accused receiving his sentence. It was also noted that the Peshawar High Court had previously denied the accused’s bail requests.
