Law: Pakistan Penal Code, 1860

Section: 376(iii)

Law: Qanun-e-Shahadat Order, 1984

Section: 3

Law: Code of Criminal Procedure, 1898

Section: 340(2)

Summary The Supreme Court (Salahuddin Panhwar, J.) converted this leave petition into an appeal, upheld the conviction of Younas Masih for raping a ten-year-old schoolgirl (referred to as “M”) under Section 376(iii) PPC but changed the death sentence to imprisonment for life. The Court found the child competent and her testimony reliable, held the medical findings and negative PFSA semen report did not create reasonable doubt, and accepted the explanation for the delay in FIR registration. The Court emphasized proportionality in sentencing, the need for better protection of girls in educational institutions, improvements to medico-legal services, and directed police and authorities to take preventive measures. Core facts Victim “M”, about 10 years old, student at Government Girls High School, Sheepukura; alleged incident on 08.10.2021 in a secluded place in the school. FIR registered 11.10.2021; investigation included site visit, medico-legal exam (11.10.2021), potency test of accused, PFSA testing (DNA/serology). Trial court convicted (21.04.2022) under Section 376(iii) PPC and sentenced accused to death; High Court affirmed. Petition to Supreme Court followed. Prosecution evidence: child’s testimony, disclosure to mother and Child Protection Focal Person, medical findings (hymenal rupture, redness/swelling, breast abrasions), PFSA negative for semen, potency of accused proven. Defence points: no semen found, delay in FIR, lack of independent eyewitness, possible fabrication/false implication, alleged contradictions. Court’s core findings: Competence: child competent under Article 3 Qanun-e-Shahadat Order, 1984; testimony found credible and confidence-inspiring. Medical evidence: observed injuries (hymenal rupture, vaginal redness/swelling, breast abrasions) corroborative in constellation; concessions about alternate medical causes were theoretical and not tied to record facts. PFSA/DNA: absence of seminal material noted but not decisive; explained by delay, non-ejaculation, cleaning, or other variables. Delay in FIR: three-day delay explained by child’s age, fear, institutional reticence; school administration’s…