Kainat Soomro Rape Case
Rape Case – Cr.Aq.Ap No. 313 of 2010 [Kainat Soomro V/s. State & Others]
Kainat Soomro was gang raped by four accused at the age of thirteen in District Dadu. On 10.01.2007, she went to the shop of one of the accused that was situated at Resham Street to purchase some necessary household items. The accused sprinkled intoxicating material on her that caused unconsciousness and along with other co accused gang raped her.
Due to escalating threats against Kainat Soomro and her family they were forced to flee from Dadu to seek protection for their life and liberty in Karachi. Kainat Soomro was provided protection by the Court. However, since threats against her and her family escalated, Kainat Soomro filed a Criminal Transfer Application and the Session Case in Dadu was transferred to the Learned Court Additional Sessions Judge, Karachi (South).
During the course of the proceeding accused Ahsan in his defense produced a Nikahnama and claimed that he and Kainat Soomro eloped and contracted court marriage after she signed the affidavit of freewill and admitted that he and Kainat Soomro has sexual intercourse after the marriage. Kainat denied this allegation and claimed that the Nikahnama and affidavit of freewill were forged documents and she was gang raped by the accused persons. However, through Judgment dated: 06.05.2010, the accused persons in the F.I.R and Session Case were acquitted of all the charges, on the ground that there were no marks of violence on Kainat’s body and Kainat has attained the age of puberty even if she was a minor and contracted marriage after signing the affidavit of freewill. The Court also held that the burden to prove the so-called purported marriage was not on the defense and admitted the report of the handwriting expert in evidence for proving the validity of the affidavit of freewill. Even though, the author of the report was not examined and in his absence the report was inadmissible.
The WMLO also provided the evidence that the Act of sexual intercourse was done with Kainat but in her cross, claimed that Act means single act was done. The court acquitted the accused persons stating that the case of gang raped was not proved but the act of sexual intercourse is proved for which accused Ahsan is responsible (alleged husband of Kainat).
Subsequently, a Criminal Acquittal Appeal has been filed on behalf of Kainat Soomro, which is currently pending adjudication before the Honourable High Court of Sindh.
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