On Friday, the Sindh High Court handed down its judgment to constable Bashir Ahmed, under section 302 of the Pakistan Penal Code along with a fine worth Rs100,000 to the victim’s family. Additionally, on the count of sexual assault (PPC 376/34), Ahmed has been awarded 10 years in prison with a Rs10,000 fine.
The case had been in court since July 2009 and was referred to the NGO War Against Rape (War) by then adviser to the chief minister Sharmila Farooqi in February this year.
On behalf of War, Advocate Farida Moten had been fighting the victim’s legal battle for the past one year. The case was earlier registered at Zaman Town police station and had been under trial at the Anti-Terrorism Court (ATC) but was later transferred to the Sindh High Court after an appeal from the accused.
After hearing the appeal, the court decided to uphold the judgment handed down by the ATC but acquitted the other accused due to lack of evidence.
“Noor was given the benefit of the doubt since no corroborative evidence could be established linking him to the crime,” informed Sarah Zaman of War. The defence is going to file an appeal before the Supreme Court against which War intends to initiate proceedings as well, she added.
War has also called for an affirmative action by the state in a similar case reported from Gizri, Clifton, where another four-year-old girl was murdered and raped by a neighbour, who later dumped her body in a nearby ground.
“Such cases, where victims are brutally murdered after assault, should be dealt with severity,” said Zaman. “Courts should spare no efforts in ensuring that the rule of law is upheld and offenders are made to fear the consequences of their actions.”
Case history
On August 3, 2009, Sana went missing from home around 1 pm. Her family lodged a missing-persons report at the Zaman Town police station by 10 pm the same day.
Two days later, on August 5, residents of the same area, Noor Muhammad and Bashir Ahmed, were seen moving out of their rented house. The two men had moved to the locality 20 days before Sana went missing and their sudden shifting aroused suspicion among other residents. The same day, a girl informed Sana’s father that two days ago she saw Ahmed carrying his daughter in his lap along with another man [Muhammad].
Sana’s father apprehended the two suspects and inquired about his daughter’s whereabouts. He later had them arrested. Upon interrogation, the accused confessed that they had raped and strangulated the child and dumped her body in a gutter near Gora Qabristan on Sharae Faisal.
When the police took one of the accused to the site, he pulled out a bag that contained Sana’s mangled body. Once the body was found, an FIR was lodged immediately.
A subsequent medico-legal report conducted at the Jinnah Postgraduate Medical Centre further confirmed that Sana had been sexually assaulted. The case was later moved to the ATC for trial.
Published in The Express Tribune, July 31st, 2010.
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