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| 3 April, 2005 | Sunday | 23 Safar 1426 |
Appeal filed by convicted boys
PESHAWAR, April 2: Two juvenile offenders, convicted for sexually molesting two girls, moved the Federal Shariat Court on Friday requesting for setting aside the judgment of a trial court.
The two appellants, Iftikhar Ali and Ishaq Khan, who were 15 and 14 years old, respectively, at the time of offence, had faced trial for sexually abusing two girls of 10 and 11.
They had taken the girls first to Rawalpindi and then to Lahore. The girls had returned home after remaining with the two offenders for a week and claimed that the offenders had promised to marry them.
Both the boys were tried by a juvenile court and were convicted on March 11. They were sentenced to four years imprisonment with fine of Rs 20,000 each.
An appeal was filed on their behalf by advocate Ijaz Khan, stating that the boys were juveniles and were not mature enough to understand the consequences of the offence. It is stated that the evidence on record proved that the victims went with the boys with their consent and were not abducted.
An FIR was registered at police station Pabbi (Nowshera) on Feb 19, 2004, under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The statements of both the girls studying in 2nd and 3rd classes respectively at a government primary school in Khudrezi village, were recorded under section 164 of the CrPC.
Both the girls had given almost identical statements. One girl stated that Iftikhar was in love with her neighbour. She added that on the day of occurrence they did not go to school and joined Iftikhar and Ishaq who took them to Rawalpindi.
The girl alleged that they spent a night there at residence of a friend of Ishaq and the next morning they set out for Lahore where they acquired a room in a hotel. She alleged that Ishaq sexually molested her whereas Iftikhar repeated the same act with other girl. Later on, she claimed they returned to Rawalpindi and when they found an opportunity they escaped and returned back home.
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