SHC sets aside death sentence of four in double murder case

The Sindh High Court (SHC) on Monday set aside death sentence of four men in a double murder and robbery case.

Rehan, Abu Bakar, Haroon and Javed were sentenced to death by a South additional district and sessions court Karachi on July 6, 2011, after the court found them guilty of murdering two women during a dacoity bid in the Defence area.

According to the prosecution, appellant Rehan who was working as a servant at the house situated in the Defence area committed the robbery on March 12, 2005, along with his accomplices by taking the woman owner of the house hostage and killing two maids Shanti and Rani.

A counsel for the appellants submitted that the trial court had erred in its judgment as the prosecution had failed to prove its case against the appellants. They submitted that no direct evidence was found against the appellants whereas there was contradiction in the statement of an eyewitness which could not be accepted as trustworthy in the eyes of the law to prove the guilt of the appellants.

A state counsel supported the trial court judgment and submitted that the prosecution had proved its case beyond any reasonable doubt and the eyewitness supported the prosecution case.

A division bench of the SHC, headed by Justice Mohammad Karim Khan Agha, after hearing the arguments of the counsel and perusal of the evidence of the case observed that the prosecution had failed to prove its case against the appellants beyond any reasonable doubt.

The court observed that the eyewitness had made improvements in her statements before the police and trial court and prosecution case was not free from doubts. The SHC set aside the death sentence awarded to the appellants by the trial court and ordered the release of the appellants if they were not required in other cases.

Detention cases

The SHC directed federal and provincial law officers, the Sindh inspector general of police and others to file comments on petitions against illegal detention of citizens allegedly by personnel of law enforcement agencies.

Petitioners Aziz Jannar, Sabra Habib, Nadra Khatoon and Surwari Begum submitted in their petitions that police and personnel of law enforcement agencies had picked up Waris, Nadeem, Alamgir and Salman from the Chakiwara and Orangi town areas and their whereabouts were unknown. They submitted that the police were not disclosing the whereabouts of the detainees and they were not being produced before any court of law. The court issued notices to federal and provincial law officers and others and called their comments on the next date of hearing.