Rape, murder case: SC acquits convict after 14 years

ISLAMABAD: The Supreme Court Monday acquitted a convict in kidnap, rape and murder case of a 10-year-old boy after the prosecution failed to prove charges against him.

A five-member Shariat appellate bench of the apex court, headed by Justice Mushir Alam, exonerated Khadim Hussain from all charges after 14 years.

Khadim was convicted by a trial court and awarded death sentence on three counts for abducting, sexually abusing and murdering Mudassar Azam in the jurisdiction of Bani police station, Rawalpindi, in 2006. The Shariah Court also upheld verdict of the trial court. On Monday, during the course of hearing, Akram Gondal, counsel for the accused, submitted that his client was not nominated in the First Information Report (FIR). He contended that evidence was forged against his client after arresting him. Body of the deceased boy was later recovered from the jurisdiction of Golra police station in the federal capital. The apex court acquitted Khadim for weak prosecution and lack of concrete evidence and held that the prosecution had failed to prove the case against the accused.

It is pertinent to mention here that the federal cabinet has recently approved the Anti-Rape (Investigation and Trial) Ordinance 2020 and the Criminal Law (Amendment) Ordinance 2020. The proposed anti-rape law suggests castration of a habitual offender of rape with the consent of the convict. According to the federal law minister, it is mandatory, under the international law, to take consent of the convict before castrating him. He said in case chemical castration was ordered without taking consent, the convict might challenge the act before a court of law.

Legal experts, however, are of the view that mere legislation will not solve the problem unless policing is improved and prosecution is properly trained and conducted.

Last year, the apex court had acquitted several accused due to lack of solid evidence, collected by the police during its investigation process, and poor prosecution. The court has often admonished the police and NAB officials for their poor investigation as well as the prosecution for not making the case, particularly of criminal nature, due to which accused in heinous crime get acquittal from court.

In October 2019, a three-member bench of the apex court headed by former chief justice Asif Saeed Khan Khosa had acquitted a 20-time death sentence convict in RA Bazaar Rawalpindi suicide blast case, giving him the benefit of the doubt and for weak prosecution. The court heard an appeal of Umar Adeel, accused of assisting the suicide bomber, through video link from Lahore Registry against his death sentence awarded by a trial court and later on upheld by the Lahore High Court. A suicide blast on a bus, carrying employees of ISI, killed 20 people and injured 36 in Rawalpindi in 2007.

Similarly, in February 2019, Justice Asif Saeed Khan Khosa had released a man after 10 years, who was convicted by a trial court in a murder case and summoned a magistrate for not following the legal procedure in the matter. Heading a three-member bench, former chief justice acquitted accused Asfandyar, with the ruling that the prosecution failed to prove the charges against him. The court observed that a child was killed and the suspect was convicted due to the magistrate’s failure to hold an identity parade properly and follow the legal procedure.