Acquitted persons put on notice on woman’s appeal in Mazar-e-Quaid rape case

The Sindh High Court (SHC) on Friday issued notices to three respondents on an appeal against their acquittal in a case pertaining to rape on the premises of the Quaid-e-Azam’s mausoleum.

Khadim Hussain Shah, Arif Ansari and Raja Mohammad Arif were acquitted by an additional district and session’s court on October 5 for want of evidence.

According to the prosecution, the respondents were involved in the abduction of an 18-year-old woman at the Mazar-e-Quaid and her rape at a store room on the premises of the mausoleum on March 15, 2008.

The SHC had earlier set aside the acquittal of the respondents and directed the trial court to rewrite the judgment of the case. The trial court, however, again acquitted the respondents observing that the prosecution had failed to prove its case.

The woman had filed an appeal against the acquittal of three persons, including a staff member of the mausoleum, by the trial court.

Police had arrested Shah, Raja and Ansari on the charges of physical and sexual assault on the victim on March 15, 2008 at the Mazar-e-Quaid.

A counsel for the appellant argued that the trial court had erred in judgment and ignored the prosecution evidence, including DNA tests results, which had proved the guilt of the respondents.

The appellant’s counsel submitted that the prosecution had proved its case against the respondents and the DNA report also supported the prosecution case.

The SHC was requested to set aside the trial court order and punish the respondents in accordance with the law.

A counsel for two of the respondents, Ansari and Raja, sought time for further arguments, after which a single bench of the SHC comprising Justice Aftab Ahmed Gorar issued notice to the third respondent, Shah, and directed office to fix the case as per roster.

The SHC has dismissed the appeal of a convict in a drug smuggling case but commuted his life imprisonment to one year and nine months.

Kaleem Baig was sentenced to life imprisonment by the trial court for transporting 127 kilogrammes of charas in Korangi in 2020.

A counsel for the appellant submitted that no private witnesses were produced by the prosecution to prove its case against the appellant and there were major contradictions in the prosecution evidence.

He submitted that only two slabs were sent for chemical examination and there was no evidence with regard to the recovery of 127kg of charas, which was foisted upon the appellant.

An additional prosecutor general supported the prosecution case and trial court judgment and submitted that there were no contradictions in the evidence of the prosecution and all witnesses supported the prosecution case.

After hearing the arguments and perusal of the record of the case, the court observed that only a single slab of 1000 grammes of charas was sent to the chemical examiner and the prosecution had also failed to disclose from which slab the bag was taken.

The court observed that safe criminal justice called for only 1kg of charas to be considered against the appellant and as such the conviction of life imprisonment was altered to one years and nine months from life imprisonment.

Source: The News