• Court acquits two others for want of evidence
• Observes that victims had made resiling statements either under pressure, fear or coercion or by getting monetary benefits from accused

ISLAMABAD: The trial court on Friday sentenced the principal accused, Usman Mirza, and his four accomplices to life imprisonment and acquitted two others for want of evidence.

The sexual harassment case had surfaced in July 2021 after a video went viral in which the accused a seen maltreating a couple.

Prime Minister Imran Khan had taken notice of the incident and promised strict action against the suspects.

Initially, an FIR was registered under section 341 (punishment for wrongful restraint), 354A (assault or use of criminal force against woman and stripping her of her clothes), 506 (ii) (punishment for criminal intimidation) and 509 (word, gesture or act intended to insult the modesty of a woman) of Pakistan Penal Code (PPC).

Later, sections pertaining to rape, sexual abuse, extortion and wrongful confinement were also added to the FIR.

In September, charges were framed against Usman Mirza and co-accused Hafiz Attaur Rehman, Adaras Qayyum Butt, Rehan Hussain Mughal, Umar Bilal Marwat, Mohib Bangash and Farhan Shaheen.

After completing the trial proceeding, Additional District and Sessions Judge Ata Rabbani convicted Usman, Shaheen, Attaur Rehman, Butt and Mohib Khan and sentenced them to life imprisonment with a fine of Rs200,000 each.

The court, however, found no evidence against Mughal and Marwat and set them free.

The accused were brought to the courtroom handcuffed.

The victim couple during the cross-examination retracted from their statement recorded before the magistrate under section 164 of the Criminal Procedure Code (CrPC) in which they had accused Usman and his accomplices of sexually abusing, filming and extorting money from them.

As per the 44-page verdict, the police, who were the complainant in the case, took the suspects into custody and after registration of the FIR the victims identified the suspects and recorded their statements before the magistrate against them.

Condoning the delay in registration of the FIR, the court stated that this was due to fear and stress and “this reason logically appeals to the common prudence because normally people do hesitate to provide the information promptly to police in such cases where honour and prestige is involved.”

During the trial proceeding, the victims appeared in the witness box in a dramatic manner and resiled from their statements and the court declared them ‘hostile witnesses’.

However, as per the court verdict, in a subsequent cross-examination by the prosecution and defence counsel, they brought certain information on the court record that was sufficient to connect the accused persons with the crime.

“It can safely be said that they have made their resiling statements either under pressure, under fear or coercion or by getting monetary benefits from the accused,” the verdict observed, adding that, “they failed to stand firm on their version despite the media and civil society provided moral support to them”.

“It is the duty of the court to consider all the facts in juxtaposition to reach a just decision and not to take into consideration the technicalities. The court cannot sit as mere spectator because the court is the guardian of the whole society. It is a crime against society as well and not against individuals only,” said the verdict.

It noted that the case of prosecution was based on modern devices and modern technology to substantiate the evidence.

Hence the verdict concluded, “the nutshell of above said discussion is that the prosecution has succeeded to prove its case against the accused beyond doubt.”

The verdict added, “The accused Rehan Hussain Mughal and Bilal Khan Marwat are hereby acquitted of the charges leveled against them.”

Published in Dawn, March 26th, 2022