Zoya Case

Facts: The essential details of the prosecution case, as presented by the complainant Gul Muhammad in the First Information Report (FIR), indicate that his younger brother, Asif Khan, and his wife were involved in the use of powdered narcotics. They have two daughters, Zoya and Haya, who were living with Gul Muhammad’s younger sister and her husband, Farooq, at their residence in Qaimkhani Colony, Khalid Bin Waleed Muhallla, Baldia Town, Karachi. After a period of two months, Farooq contacted Gul Muhammad by phone to express his inability to care for Zoya and Haya, requesting that he take them in. Subsequently, Gul Muhammad and his wife brought the two girls to their home. Approximately 15 days ago, Zoya, who is around 13 or 14 years old, confided in her aunt that she was experiencing abdominal pain. Upon inquiry from her mother and aunt, Zoya revealed that during her paternal aunt’s absence prior to Eid ul Azha, Umar Farooq had repeatedly raped her and had threatened her life, stating that he would kill her younger sister Haya if she disclosed the incidents. Due to these threats, Zoya had remained silent. Consequently, the complainant filed the FIR in question. Trial was conducted and Accused was found guilty.

Judgement: The accused Umar Farooq son of Khan Bahadur is hereby convicted U/s. 265-H(ii) Cr.P.C. for the offence punishable under section 376(iii) PPC and sentenced to suffer Rigorous imprisonment for life and to pay fine of Rs.2,00,000/- ( two lac ) and in case of default of payment of fine he will further suffer SI for six months only. Accused is also awarded the benefit of section 382-B PPC and his sentence will be counted from the date of his arrest i.e. 28.08.2023.

Judgement