July 17, 2002	Wednesday	Jamadi-ul-Awwal 6, 1423

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KARACHI, July 16: The state on Tuesday filed an appeal seeking death penalty for the three accomplices of Ahmed Omer Saeed Sheikh, who were given life term for complicity in the kidnapping and murder of US journalist Daniel Pearl, by a judge of the anti-terrorism court at Hyderabad on Monday.

Advocate-General Sindh, Raja Qureshi, on the instructions of the government, filed the appeal in the Sindh High Court for enhancement of sentence.

After filing the appeal, Raja Qureshi told reporters that “overwhelming incriminating evidence has come on record” in respect of the three accused who have been awarded lesser punishment than what is prescribed by law being normal punishment.

It is the case of the state that the case set up by the prosecution against the four accused was and is based on conspiracy, in furtherance of which separate acts were committed by all the four accused with the common intention as well as the meeting of the minds, falling within the concept of criminal conspiracy.

He contended that “there is evidence which establishes criminal conspiracy, there is evidence to establish murder in furtherance of the said criminal conspiracy obtained through modern devices and is admissible under the provisions of Article 164 of the Qanoon-i-Shahadat”.

“It is the contention of the appellant that the trial judge ought not to have awarded a lessor sentence as it is the duty of an anti-terrorism court to appraise evidence strictly in accordance to the requirement prescribed by law without being swayed away emotionally for any other extraneous reason outside the pale of legal jurisdiction of appraisement of evidence.

“It is the claim of the state that there are no discrepancies in any manner in the case set up by the prosecution and the trial court was satisfied while awarding imprisonment for life to the three accused but has erred in not recording any reason in terms of extenuating circumstances which could operate as mandate from deviating to award the normal sentence prescribed by the law.”