October 27, 2001	Saturday	Shaba'an 9, 1422

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ISLAMABAD, Oct 26: The Supreme Court on Friday reserved its judgment on the appeal of Mst Zainab Noor, a victim of husband’s brutality, whose three vital organs were destroyed by inserting iron rod in her private parts and giving electric shocks.

The three member bench heard two appeals, one filed by Zainab Noor for the enhancement of punishment of her husband, and the other by Qari Sharif for acquitting him of the charges.

Qari Mohammad Sharif, an Imam of a Masjid in a village Nara Matore, Kahuta, was accused of tiding his wife with rope on the cot, and inserted two iron rods in her private parts and caused her injuries through electric shocks.

The national press widely reported the gory incident when the lady was brought to a hospital in Rawalpindi in 1994. Mst. Zainab Noor survived but lost organs, namely rectum, anus, vagina and urinary bladder due to burn injuries by her husband with electric shock through iron rods. She is permanently carrying urinary bag after treatment in London on government expenses.

Qari Mohammad Sharif was convicted by Suppression of Terrorist Activities Court on February 19, 1994 on three counts and was ordered to undergo 30 years imprisonment as 10 years punishment on three counts had to run consecutively. In addition to that Qari Sharif was required to pay Rs 2,10,000. for coming out of prison.

While hearing the appeal of Qari Mohammad Sharif, the Lahore High Court, modified the trial court judgment to the extent that the sentence would run concurrently, not consecutively.

The LHC, however, declined to give the convict benefit of section 382 of CrPC, under which prisoners are given remissions provided under the jail manuals and general amnesty given by the executive functionaries from time to time. The prisoner who is given benefit of section 382(B) can come out of jail after the half of the total imprisonment awarded to him by the court.

The court, however, had increased the fine from Rs 2,10,000 to Rs 6,30,000.

Advocate Rab Nawaz Noon, counsel for victim Zainab Noor, stated that convict did not deserve to be dealt leniently and the STA decision of running his punishment consecutively should be restored.

He also told the court that Qari Sharif was already out of jail by paying Rs 6,30,000 as diyat to the victim.

The SC bench consisted of Justice Sheikh Riaz Ahmad, Justice Syed Deedar Hussain Shah, and Justice Tanvir Ahmad Khan.

Justice Tanvir observed that no legislature in the world could visualise happening of such gory incident.

Advocate General Maqbool Ellahi Malik argued that it was new crime, which was visualised by the legislature and the court should make its authoritative pronouncement on that.This was perhaps the gravest crime and no human could think of inflicting such brutality.

Advocate Arshad Chaudhry, asked the court not to increase the punishment to his client.The SC bench, after hearing the arguments, reserved the judgment.