In a significant turn of events, the Lahore High Court’s Rawalpindi Bench has overturned two death sentences and seven-year imprisonment of a convicted couple, citing technical grounds, in the highly publicised case of abduction, rape, and murder of a 9-year-old female student.
The heinous crime took place within the jurisdiction of Jhanda Chichi Civil Lines Police Station.
In its verdict, the court ordered the immediate release of the duo from the Adiala Central Jail.
Following the horrifying incident, which sent shockwaves through the local community, residents had staged protests by placing the victim's body in front of the police station. Subsequently, a case was registered, leading to the arrest of the accused couple. The police initiated the case on March 22, 2021, based on the request of the victim's father, Muhammad Imran, who works as a car washer in the district Kachehri.
As per the case, the accused named Babar Masih allegedly lured 9-year-old Zainab to his house in the Jhanda Chichi area, while his wife, Kavita alias Aniqa, was away. Babar attempted to forcefully rape Zainab, prompting her to cry out for help.
In response, the accused brutally strangled and tortured the young girl to death before hiding her body beneath the bed.
Upon the arrival of Babar's wife later in the day, she discovered the lifeless body and concealed it, the report said.
When the victim's parents, gripped by suspicion, visited the accused's house in the evening to search for their daughter, they tragically uncovered her deceased body hidden beneath the bed.
Outraged citizens expressed their anger and protested for two days, demanding justice for the innocent victim.
On October 26, 2021, Additional Sessions Judge Afzal Majuka had handed down two death sentences and a fine of Rs1 million to Babar Masih on charges of murder and rape. Aniqa, another accused, was sentenced to seven years in prison and fined Rs100, 000 for tampering with the evidence of the murder and concealing the body.
On Tuesday, a bench comprising Justice Sadaqat Ali Khan and Justice Mirza Waqas Rauf overturned the sentences imposed on both the accused husband and wife. The decision was made based on technical grounds related to DNA, post-mortem examination, and medical reports. Consequently, the court ordered their immediate release from Adiala Jail.
Published in The Express Tribune, May 31st, 2023.
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