SC Converts Child Rape Convict’s Death Penalty to Life Term

The Supreme Court of Pakistan on Sunday converted the death sentence of a convict in a Sheikhupura school sexual assault case into life imprisonment, while maintaining other penalties imposed in the matter. The written judgment, authored by Justice Salahuddin Panhwar, addressed both the punishment and wider institutional responsibilities linked to the protection of children in educational settings.

The case involved the sexual assault of a 10-year-old schoolgirl at a housing colony school in Sheikhupura. While the apex court altered the capital punishment to a life term, it upheld the fine of Rs300,000 along with an additional six-month imprisonment order attached to the earlier conviction.

The court also kept intact the order requiring the convict to pay Rs100,000 in compensation to the child victim under the Anti-Rape Act. By preserving the financial penalties and compensation component, the judgment reinforced that criminal punishment must be accompanied by recognition of the harm suffered by survivors and their families.

According to the ruling, the medical examination supported the prosecution’s case and recorded injuries consistent with the assault. The court observed that the absence of semen in a forensic report could not, by itself, destroy the prosecution’s case when other medical and circumstantial material remained credible.

The judgment also rejected the argument that a three-day delay in registering the FIR should benefit the accused. The court found that the circumstances surrounding the case, including the vulnerability of the child and the conduct of the school administration, required a careful and realistic view of how such incidents are reported.

A major part of the verdict focused on the school administration’s response after the incident. The court noted that the administration had attempted to suppress the matter and even provided medical attention inside the school, adding that silence or delay by officials could not be allowed to harm the rights of the victim or her widowed mother.

The Supreme Court issued broader directions to law enforcement authorities, declaring that the safety of female students inside educational institutions and during travel to and from schools is a constitutional responsibility of the state. It directed all provincial inspectors general of police, as well as the Islamabad police chief, to increase patrolling around schools, colleges and universities.

The court further instructed police authorities to respond promptly to complaints involving harassment of women and children. It also recommended that federal and provincial governments establish modern medico-legal systems on the model of the Sindh Medical Legal Act 2023 to improve evidence collection, survivor support and prosecution standards in sexual violence cases.

In a separate legal observation, the court stated that a woman who has obtained divorce through khula is not required to seek permission from her former husband before remarrying, stressing that no such requirement exists in law. The ruling is expected to push police, education departments and government authorities to review security arrangements around institutions and strengthen systems designed to protect women and children.