Constable charged with raping a minor acquitted

[forcetrip]

KARACHI: Police constable Noor Muhammad was acquitted on Friday of charges of raping a minor girl.

Traffic Police Constables Noor Muhammad and Bashir Ahmed were charged with kidnapping, raping, killing and throwing the body of a girl, Sana, into a manhole in Karachi.

They were sentenced to death by an anti-terrorism court after two witnesses Munir Ahmed and Mohammad Yasin, who were the neighbours of the accused, testified against them, as reported by Dawn.com.

The accused then appealed against the sentence in the Sindh High Court, as a result of which Noor Muhammad was acquitted while Bashir Ahmed’s appeal was rejected.

Constable charged with raping a minor acquitted – The Express Tribune

They haven't mentioned why the other one was freed rather than serving time.

 

[RescueRanger]

Anyone have any further information on this case. Seems a tad bit too murky for my pallet.

 

[forcetrip]

Then people wonder why street justice takes over.

 

[sparklingway]

Why the heck do newspapers report such stories with sleazy headlines?

One guy's appeal has been rejected while the other has been acquitted. Their appeal was based on re-examination of evidence.

Did the newspaper care to report the reasons for acquittal?

 

[whocares]

convicted by an anti terrorism court? thats strange.

 

[Nahraf]

convicted by an anti terrorism court? thats strange.

Any extreme crime that is considered public security threat is also prosecuted in Terrorism court. The Pakistani court system takes too long so they expedite some extreme violent cases to the terrorism court.

 

[sparklingway]

Any extreme crime that is considered public security threat is also prosecuted in Terrorism court. The Pakistani court system takes too long so they expedite some extreme violent cases to the terrorism court.

Which has been always described as a travesty of justice since the rights of the defendant are curtailed.

The court system was pretty much fine in all aspects until Mr. Zia turned the tables.

 

[Condor]

Which has been always described as a travesty of justice since the rights of the defendant are curtailed.

The court system was pretty much fine in all aspects until Mr. Zia turned the tables.

You do have some wierd ideas Sparky.

Even if these two constables were in the vicinity and had an inkling
of this crime and had done nothing or failed to prevent it - still they
should be hanged.

This may not be the Law before Zia this may not be the Law after Zia - but
this should be the LAW of the LAND.

 

[sparklingway]

You do have some wierd ideas Sparky.

Even if these two constables were in the vicinity and had an inkling
of this crime and had done nothing or failed to prevent it - still they
should be hanged.

I'll try and see the case details first. How do you know they were guilty? One has been acquitted while the other remains convicted.

This may not be the Law before Zia this may not be the Law after Zia - but this should be the LAW of the LAND.

I did not state anything about the concerned law, I was talking about the courts and justice system. There's a big difference between the justice system and the penal code.

 

[sparklingway]

After making a sleazy headline and oh-the-justice-system remarks, the newspaper now prints the real detail of the case:-

Constable sentenced to death for raping 4-year-old​

KARACHI: A traffic constable has been sentenced to death for raping a four-year-old girl Sana in July 2009. The other man accused in the case Noor Muhammad has been acquitted for want of evidence.

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.

 

[nightcrawler]

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.

Why can't he just be shooted after paying the required fine

 

[Condor]

I did not state anything about the concerned law, I was talking about the courts and justice system. There's a big difference between the justice system and the penal code.

Not wishing to inflamme nor wanting to set fire to anything
or anybody - but just a reminder that it is equally bad to be
supportive of institutions that have not delivered the goods
to the common man of the society as it is of deification of
personalities.

And this includes the Justice System, as well as the State
Machinery.

 

[alibaz]

Why the heck do newspapers report such stories with sleazy headlines?

One guy's appeal has been rejected while the other has been acquitted. Their appeal was based on re-examination of evidence.

Did the newspaper care to report the reasons for acquittal?

Unfortunately standard of news reporting in our country is not up to standard especially Urdu News papers. Its just sensational reporting with very bad headings. After a shocking heading not much of substance in details thus leaving reader unsatisfied. Often a reader finds that the reporter himself doesn't have knowledge whatever he/she is reporting.