Death sentence upheld in fifth-grader rape case by Lahore High Court

The Lahore High Court has upheld the death sentence of a school employee convicted of raping a fifth-grade student on school premises, dismissing the defense’s objections including delay in filing the First Information Report (FIR).

A division bench led by Justice Asjad Javaid Ghural ruled that societal stigma, cultural norms, victim-blaming, concerns about privacy, and lack of support often cause delays in reporting sexual assaults. The court emphasized that the brutality of the crime justified the death penalty and that it was necessary to serve as a deterrent.

The bench criticized the school principal for concealing the incident despite being informed by the victim, stating that the principal’s silence and alleged cover-up were unacceptable.

The defense’s argument regarding the absence of eyewitnesses was rejected, with the court noting that rape often occurs in secrecy and the victim’s consistent testimony was credible. The lack of DNA evidence was also deemed insufficient to undermine the prosecution’s case, given the medical examination was conducted two days after the assault and DNA evidence is corroborative rather than essential.

The court dismissed the convict’s appeal and affirmed the trial court’s decision to impose the death sentence.

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