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KARACHI, May 22: A constable convicted of criminal negligence and accidental murder and sentenced to five years imprisonment for killing two children of an additional district and sessions judge was on Thursday acquitted by a division bench of the Sindh High Court.
The brief facts of the case are that two dacoits, Jaseem alias Joshi and Saleem alias Darwesh, broke into the house of ADSJ Rashida Asad in PECHS on March 19, 2001. Police surrounded the house to foil the dacoity attempt and catch hold of the culprits. The dacoits forced the judge and her husband to drive them to safety in their car.
The couple’s two children, Aliza and Uzzam, were seated in the front as “human shield”. Constable Arif, however, fired upon the fleeing dacoits and killed both the children.
The case was tried by an anti-terrorist court, which sentenced Jaseem to 10 years under Sections 392 of the PPC and 13-D of the Arms Ordinance, seven years under Section 365, PPC, three years under Section 453 and two years under Section 353. Saleem was similarly sentenced to various terms. Arif was also convicted and sentenced to five years’ jail.
All the convicts moved appeals against the ATC judgment and a division bench of the high court, comprising justices Sarmad Jalal Osmany and Rehmat Hussain Jaferi, acquitted the constable and upheld the conviction and sentences of the dacoits.
SENTENCE COMMUTED: The Sindh High Court on Thursday allowed the appeal of a murder and gangrape convict against death sentence and commuted his jail term to five years.
Havildar Ghulam Waris was condemned to death twice for murdering, along with three others, property dealer Malik Munawar Ali and gangraping and attempting to kill his wife, Nabeela Kanwal, at their Classic View Apartment in Gulistan-i-Jauhar at 8:30 am on June 1, 2001.
According to prosecution, they visited the couple, ostensibly in connection with a property transaction. After serving them tea, Nabeela went to sleep in her bedroom. After a while, she heard shrieks of her husband followed by gunshots. As she woke up, Waris and others barged into her room, gangraped her and tried to slit her throat. She fell unconscious and found Munawar shot dead in the sitting room on regaining senses.
Nabeela lodged a complaint and the police arrested Waris and co-accused Maqsood while the other co-accused escaped and were declared absconders.
They were tried by an anti-terrorist court, which awarded Waris death penalty for murder and gangrape and acquitted Maqsood as, according to complainant, victim Nabeela, he had left before the incident. Waris was also sentenced to pay diyet or compensation amounting to Rs 200,000 and a fine of Rs100,000. For attempt to murder, he was to undergo 10 years rigorous imprisonment and pay a fine of Rs20,000. The convict challenged the ATC judgment in the high court through Advocate Khwaja Naveed Ahmed, who argued that there was no direct evidence against the accused.
The complainant did not see him killing her husband and came to know of the murder only after regaining consciousness. As for gangrape, it was belied by the medico-legal report. There was nothing to corroborate the murder attempt charge either and the entire conviction was based on presumptions and surmises.
The appeal was heard by a division bench, comprising Justices Sarmad Jalal Osmany and Rehmat Hussain Jaferi, which reserved its order about two months back.
SHACKLES REMOVED: The Sindh High Court had an under-trial banker unshackled on Thursday.
Akbar Javed, a Group-III officer of the Habib Bank accused of misappropriating Rs 2.2 million from the HBL Defence View (Korangi) branch, submitted that he had developed a skin disease after his arrest and detention.
According to doctors, who diagnosed the ailment, he must have a bath four or five times a day and keep himself clean otherwise. The shackles were an impediment to the treatment prescribed by the doctors. He should, therefore, be allowed to remain in custody without shackles.
Justice Ghulam Rabbani, who was appointed a referee judge after difference of opinion in a division bench, granted the request and asked the police to remove the petitioner’s shackles.
