KARACHI: Court acquits son of employer: Maid’s murder
By Our Staff Reporter
KARACHI, Aug 31: The accused in Asiya murder case was acquitted on Wednesday by the district and sessions court of East. Judge Zafar Ahmed Khan Sherwani exonerated Yasin Bawani from the charge of burning his 16-year-old maid to death on an application filed for his acquittal by defence counsel Shahadat Awan under Section 265-K of the CrPC.
Yasin Bawani, son of Mohammad Ali Bawani, was released after being given bail in the sum of Rs500,000 on Feb 22.
Asia was working at the house of Bawanis for the past one year and was brought to Civil Hospital with fatal burns on Jan 8. In her initial statement, she alleged that she attempted to commit suicide after she was molested by Amanat, the driver of her employer.
However, hours after she retracted her earlier statement alleging that the teenaged son of her employer had sent three unknown men who burnt her. She also alleged that the defendant had attempted to molest her and he threatened her of dire consequences when she resisted him.
In her initial statement, the young maid stated that she had been living at the bungalow of Mohammad Ali Bawani for the past one year as a maid-servant and her parents lived in Punjab. She said Amanat Ali, the driver of Mr Bawani, was also living in the bungalow.
The young girl stated that at 11pm on Jan 8, Amanat was singing songs loudly and they exchanged hot words when she asked her not to sing so loudly. She said Amanat tried to molest her, but he became scared when she raised a hue and cry.
The maid said her employer couple snubbed her when she reported the matter to them. She said she went into the bathroom, sprayed her with kerosene and set herself on fire out of fear of being disgraced in society. She held Amanat responsible for her injuries.
However, later she stated that a couple of days before the incident, accused Yasin attempted to molest her.
She said she was in the lounge and Yasin forcibly took her into his room. She said she slapped Yasin and ran out of his room. She said she warned him that she would report the matter to his parents.
In his counter-threat, she stated that Yasin threatened her to turn her into ashes in case she told anybody about what had happened.
She said around 11pm three masked men grabbed her. She said one of them sprayed oil on her body and gagged her mouth and they lit a match-stick and burnt her.
She said the three attackers fled as she cried and Amanat came out of his room and threw water on her.
While praying for Bawani’s acquittal, the defence counsel submitted that his client was innocent and had committed no offence.
He contended that the FIR had been lodged after a delay of over 21 hours on the instructions of provincial health minister and on the basis of media reports.
Shahadat Awan submitted that there was no probability of the defendant being convicted even if the available prosecution material was considered.
He submitted that the girl made contradictory statements. She had had owned her first statement which implicated herself and did not mention the name of the defendant.
Shahdat Awan stated that as far as the allegation of zina was concerned, the chemical examiner’s report was in the negative which adversely affected the veracity of the complainant and excluded the commission of offence of zina.
He submitted that the allegation against three unknown attackers was highly improbable and false as none of the witnesses present in the house noticed any intruders.
“But on the contrary, Amanat and uncle of the victim stated that they took out the complainant after breaking the door”, he stated.
The counsel contended that the defendant had left his house with his family at 10pm on the day of the incident whereas the alleged incident occurred in their absence at 11pm, therefore, the plea of alibi was also available to the defendant from the record of the prosecution itself.
He argued that the trial of the accused in these circumstances would be an exercise in futility and would cause unnecessary harassment to the accused and abuse the process of law.
The Asiya murder case took a new turn on May 6 when the victims’ parents submitted a statement before the district and sessions court of East, stating that accused Yasin Bawani was innocent.
Ahmed Ali and his wife Saira Bibi submitted in the application that their daughter told them that she had burnt herself and had intentionally made statements against Yasin Bawani.
“We, the parents of deceased, Ms Asiya, do hereby state that the deceased informed us while she was alive that she burnt herself and intentionally made statements against Yasin Bawani with the view that because of pressure they would provide her best medical treatment although Yasin Bawani committed no offence and he is innocent”, their application said.
It further stated: “We hereby state that the statements of Asiya were motivated at the instance of various corners, and Yasin Bawani is innocent and we have no objection if Yasin is acquitted.”
