LAHORE - A rapist who impregnated an underage girl must serve 20 years in jail and pay Rs1.1 million compensation to the victim and the baby born of the rape, the Lahore High Court ruled on Friday.

The victim was home alone in Sargodha in August 2010 when Muhammad Nadeem broke in and raped her at gunpoint. She told police he had raped her several times before and that she was already seven months pregnant from one of those rapes when he attacked her again.

Nadeem had claimed the victim had consented to have sex with him despite being a minor and appealed against his conviction. The High Court yesterday rejected his appeal, confirmed his 20 year sentence and ordered him to pay an extra one million rupees in compensation to the baby born of his rape.

The judge said he was increasing the compensation because the baby would suffer as a result of the crime for the rest of her life. "The baby girl born in result of crime committed by the appellant is 'a person' (who would be) suffering mental anguish and psychological damage for her whole life, thus, she is entitled to compensation. It said the appellant shall suffer further six-month imprisonment if he did not pay Rs1,000,000 compensation,” the verdict said. Rs1 million will be deposited in saving certificates in the name of baby which she can withdraw upon when she reaches adulthood.

Nadeem was arrested on October 14 2010, seven weeks after the last rape, when DNA tests confirmed he was the father of the unborn child. His victim had earlier remained silent over his attacks because he had threatened he would kill her if she told anyone.

During his appeal his counsel had argued that the content of the FIR showed that the victim girl had consented to sex and that his client could not, therefore, be guilty of rape. He had committed only ‘fornication’, the maximum punishment for which is five years imprisonment.

A prosecutor however argued that under Section 375 (v) of Pakistan Penal Code (PPC) a girl under the age of 16 cannot legally consent and that sex with a minor is defined as rape.

BAIL DISMISSED: The Supreme Court dismissed bail petition of two suspects of sodomizing an eight-year old boy. As the suspects came out of the courtroom police took them into custody.

The suspects Qurban Akhtar and Asad through their counsel denied the charge and said the case was a result of property dispute.

However, an additional prosecutor general told the bench that the suspects were found guilty of sodomy. He said DNA test confirmed the incident. He asked the bench to turn down the bail request of the suspects.

The bench headed by Justice Mian Saqib Nisar dismissed the petition.