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January 27, 2006 Friday Zilhaj 26, 1426



Court orders amputation of limbs



By Waseem Ahmad Shah


PESHAWAR, Jan 26: A trial court on Thursday ordered amputation of limbs of an accused under the Hudood law, after he was found guilty in a robbery case.

After the trial, the court of Additional District and Sessions Judge Muhammad Jamal Khan pronounced amputation of right hand of the accused from the wrist and his left foot from the ankle.

Accused Ajab Khan, son of Awal Khan of Jalalabad (Afghanistan), was convicted under Section 17(3) of the Offence Against Property (Enforcement of Hudood) Ordinance, 1979.

Convicting him under Section 412 of the Pakistan Penal Code, the court also jailed him for five years and fined him Rs30,000. In case of default, he will have to serve additional six months in prison.

Under the Hudood law, the sentence of amputation of limbs is subject to confirmation by the Federal Shariat Court.

Eye-witnesses said the verdict had stunned the accused.

The Hasthnagri police registered the case against Ajab Khan on April 5, 2005, on the complaint of Muhammad Islam, son of Adam Khan.

Mr Islam alleged that he had gone to the local currency market and had some dollars and Saudi Riyals converted into Pakistani currency. When he was waiting for a bus at the stop near Shabistan Cinema, the accused snatched the Rs320,240 amount from Mr Islam and tried to flee.

The complainant claimed that he had raised the alarm. Some police officials of the Rider Squad had spotted the accused and caught him, Mr Islam added.

Additional Public Prosecutor Shehzada Khan appeared for the state while Ms Rasheeda Malik and Abdul Mabud Khattak represented the accused.

A lawyer dealing with criminal cases told Dawn that the sentence under Hud could only be awarded when the conditions given under Section 7 of the ordinance were attracted.

He added that Section 7 clearly stated that the sentence under Hudd could only be given either when the accused plead guilty or at least two adult male witnesses, who qualified for the Tazkiya Al-Shuhood, testified against the accused.

He said the witnesses should be truthful and abstained from major sins and added that same conditions were applicable to cases under Section 17(3).






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