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Dawn (Pakistan)
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LHC confirms death sentences of convicts in motorway gang rape case

Dawn (Pakistan)
LHC confirms death sentences of convicts in motorway gang rape case

LAHORE: The Lahore High Court (LHC) on Tuesday issued a detailed judgment confirming the death sentences awarded to two convicts in the high-profile 2020 Lahore-Sialkot Motorway gang-rape case, ruling that the prosecution had established the charges beyond reasonable doubt through overwhelming ocular, medical and forensic evidence.

Through a short order, a two-member bench comprising Justice Syed Shahbaz Ali Rizvi and Justice Tariq Mahmood Bajwa had on June 3, 2026, dismissed separate criminal appeals filed by convicts Abid Ali alias Malhi and Shafqat Ali alias Bagga.

The court today issued its detailed written judgment on the appeal.

The bench also confirmed the death sentences through the mandatory capital sentence reference while rejecting the Punjab government’s appeal seeking enhancement of the life imprisonment sentences awarded to the convicts under Section 365-A (kidnapping for ransom) of the Pakistan Penal Code (PPC).

Gujjarpura police had registered the FIR following the horrific incident that shocked the nation in September 2020.

According to the prosecution, the victim, a Pakistani-origin French woman, was travelling with her children when her vehicle ran out of fuel on the Lahore-Sialkot Motorway during the early hours of September 9, 2020.

While she was stranded at the motorway, two armed men allegedly smashed the car window, dragged the woman and her children into nearby bushes, subjected her to gang rape and robbed her of cash, jewellery, ATM cards and other valuables before fleeing.

Following an extensive investigation involving the Crime Investigation Agency, Punjab Forensic Science Agency and other law enforcement agencies, police arrested the accused and collected forensic, DNA and other scientific evidence linking them to the crime.

On March 20, 2021, an antiterrorism court convicted both accused under multiple provisions of the PPC and the Anti-Terrorism Act (ATA) 1997.

Besides awarding them the death penalty under Section 376(ii) PPC for gang rape, the trial court sentenced them to life imprisonment under Section 365-A PPC, 14 years rigorous imprisonment for robbery, five years’ imprisonment for mischief causing damage and directed payment of compensation (daman) to the victim.

Their properties were also ordered to be forfeited to the state.

Before the LHC, defence counsel argued that the prosecution’s case suffered from contradictions and that the convictions were based on unreliable evidence. They sought acquittal, contending that the prosecution had failed to prove its case beyond reasonable doubt.

The prosecution, however, maintained that the victim’s testimony remained consistent and was fully corroborated by independent evidence, including medical examinations, DNA analysis, forensic reports, recoveries and other circumstantial evidence collected during the investigation.

After examining the entire record, the LHC bench held that the prosecution had successfully proved the appellants’ guilt beyond reasonable doubt.

The bench observed that the victim’s statement was trustworthy, confidence-inspiring and received substantial corroboration from scientific and medical evidence.

It ruled that the minor discrepancies pointed out by the defence were natural and did not affect the core prosecution case.

The bench further held that the trial court had properly appreciated the evidence and that no illegality, misreading or non-reading of evidence had been demonstrated to warrant interference in the appeal.

The judgment said the appellants/convicts exhibited complete disregard for human dignity, bodily autonomy and the sanctity of womanhood.

“Such conduct constitutes an aggravated form of sexual violence and falls amongst those offences which shock the judicial conscience,” it added.

It further noted that the societal repercussions of crimes of this nature extend far beyond the individual victim, as they create a pervasive sense of vulnerability among women and their families and erode the public’s confidence in their safety while travelling on motorways, roads and highways.

“In these circumstances, any undue leniency would amount to misplaced sympathy, diminish the deterrent effect of the law, and undermine public confidence in the administration of justice,” said the judgement.

It concluded that the appellants do not deserve any concession in the matter of sentence.

While confirming the death sentences, the bench declined the state’s request to enhance the life imprisonment sentence awarded under Section 365-A of the PPC to capital punishment.

The bench observed that the trial court had exercised its sentencing discretion judiciously and that no exceptional circumstances existed to justify enhancement.

Consequently, the bench dismissed both appeals filed by the convicts, maintained all convictions and sentences awarded by the trial court, confirmed the death sentences through the capital sentence reference and rejected the state’s appeal seeking enhancement of punishment. ...

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