A Pakistani court in Shangla, has sentenced Rashid Ali to life imprisonment and fined him Rs300,000 for the abduction and marital rape of his minor wife, whose Rukhsathi had not occurred.
Additional Sessions Judge Mohammad Khan Yousafzai, presiding over a gender-based violence court, declared that the prosecution had substantiated its case against Ali, with evidence clearly linking him to the crimes.
Ali was convicted on two charges: he received a life sentence and a Rs100,000 fine under section 365-b (kidnapping) of the Pakistan Penal Code (PPC), and 25 years imprisonment with a Rs200,000 fine under section 376 (rape) of the PPC.
However, seven of his family members were acquitted due to insufficient evidence. Ali’s defense argued that since the victim was his legal wife, no crime had been committed.
The victim’s counsel noted the significance of this being the first conviction of its kind. In his detailed judgment, the judge examined section 375 of the PPC, which defines rape without making exceptions for marriage.
The court emphasized that even if marital rape were disregarded, the victim’s status as a minor—being just above 16 and still classified as a child under 18—remained pertinent.
The case began when the victim’s mother lodged a complaint at Karora police station in Shangla on June 10, 2023. She reported that her daughter’s Nikkah had been arranged with the accused two years prior, but Rukhsathi had not yet taken place.
The complainant had requested separate accommodation for her daughter before the formal marriage, but the accused’s family had refused. On the night in question, the accused, along with his father and four relatives, allegedly broke into their home, tied up and beat the family, and abducted the victim.
Initially, the FIR was registered for abduction. However, upon the victim’s recovery, additional charges related to sexual assault and abuse under the PPC and Khyber Pakhtunkhwa Child Protection and Welfare Act were added.
The victim’s judicial statement and medical examination confirmed repeated sexual assaults during her captivity.
Complainant’s counsel Mian Safeer, speaking to Dawn, highlighted the extensive trial process, including recording statements and presenting evidence, which ultimately led to the conviction. Safeer emphasized the historic nature of the ruling, marking the first-ever conviction for marital rape following the 2021 amendments to the PPC.
In a separate incident, police arrested two individuals for making a TikTok video in which they were seen beating a calf. The FIR, filed by the SHO at Karora police station, stated that the video had circulated on social media, prompting DPO Imran Khan to take action.
