PESHAWAR, Dec 6: A two-member bench of the Federal Shariat Court here on Thursday admitted to full hearing a criminal appeal filed against the acquittal of three persons in a gang rape case.
The bench comprising the Chief Justice, Justice Fazal Illahi Khan and Justice Khan Riazuddin directed the three accused to furnish two sureties each of Rs50,000 respectively.
The accused — Ayaz Khan, Hakeem Taj and Rekhmeen, residents of Swabi — had faced trial for abducting a young girl in district Swabi and molesting her for three days. However, they were acquitted by the district and sessions judge, Swabi on May 9, 2001.
The appellant, Khursheed Khan, father of the girl has claimed that the case was proved against the three accused but the trial court acquitted them without assigning any cogent ground. Advocate Bashir Khan Tanghi appeared for the appellant and argued that the accused did not deserve any leniency as they had ruined life of the victim.
According to the complainant, on the night of Sept 9, 2001, the accused Ayaz entered their residence and held them on gunpoint. He alleged that he forcefully took away his daughter, Mst Aqalmeena.
He claimed that four days later she was recovered from the possession of the three accused by elders of the area. An FIR was registered by police station Kalo Khan, Swabi in that regard under section 5/10/11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, read with section 368 of Pakistan Penal Code.
Later on, the complainant family left their village due to fear of the accused as they were forcing them to enter into a compromise with them.
The accused attacked their residence in which mother of the victim received injuries for which the accused Ayaz was sentenced to two years imprisonment by a court in Swabi.
Counsel of the appellant contended that even though the appellant had not entered into any sort of compromise with the accused, the trial court acquitted them on the ground of compromise.
































