The High Court last week overturned a 15-year sentence issued against a man for the sexual abuse of his six-year-old daughter, ordering the lower court for a retrial.
Mohamed Niyaz was convicted for the sexual abuse of his daughter – who was six years old at the time of the abuse – in 2023. He was convicted of the charge of sexual abuse of a minor he holds a position of authority over and sentenced to 15 years in prison. All other details regarding him, including his place of residence and the court that issued the conviction is being withheld in order to avoid the identification of the child victim in the case.
Niyaz subsequently appealed the conviction with the High Court, arguing that he was convicted despite the evidence in the case falling short of the standard of proof required in such cases under Article 47 of the Special Provisions Act to Deal with Child Sex Abuse Offenders and Supreme Court precedents, and in violation of Article 143 (d) of the Constitution.
Niyaz was accused by prosecutors of going to his daughter’s residence and groping her privates and chest while she used the bathroom, and asking her to keep it a secret.
At the High Court, Niyaz argued that it would be impossible to wash her without touching her, and that the doctor’s report does not show any evidence of sexual injury.
High Court. (Sun Photo)
He also claimed that his daughter talked about it in response to “inappropriate questions” by the girl’s mother, and questioned the credibility of the mother’s testimony, which he said was motivated by anger towards him.
Niyaz also said the date and time of the incident wasn’t clear in the charge against him.
Meanwhile, the prosecution argued that it is clear from the victim’s statements that the inappropriate touching did not take place from the act of washing her after she used the toilet. The prosecution also argued that it is clear from the mother’s testimony that a six-year-old would not make something like that up.
The High Court issued its ruling in the case on Thursday, May 29. The three-member bench - composed of judges Mohamed Niyaz, Hussain Mazeed and Mohamed Saleem – decided to overturn the conviction and ordered the lower court for a retrial.