20000128

ATA bench

maintains

death to Zina

case accused

KARACHI: An Anti-Terrorism Appellate (ATA) bench of Sindh High Court (SHC) comprising Justice Hamid Ali Mirza and Justice Muhammed Ashraf Leghari, on Thursday, maintained death sentence awarded to four accused in a Zina case.

The bench however modified section 395 to section 392 of Cr.P.C. and also modified the sentence accordingly.

The bench was hearing an appeal filed by Rana Shahbaz, Mohsin Abbas, Irfan Ahmed, Sabir Ali and Umar Draz who were convicted by Hakim Ali Abbasi, Judge of ATC-7.

The ATC court awarded life-term to all the accused under section 395, Cr.P.C. and death sentence under section 10 (4) Zina (Enforcement of Hudood Ordinance).

According to the prosecution, accused forcibly entered into house of complainant Mst Khurshid Bibi in Zia Colony, Korangi Karachi on 18/19 September 1997.

They looted Rs 12,000 and raped the daughter of the complainant one after another.

M Ashraf Qazi, advocate, for the appellant prayed for the acquittal of the accused stating that the trial court misread the evidence and that the sentence under section 395 Cr.P.C. is not maintainable and instead section 392 is applicable in the case.

Syed Jalil A Hashmi appearing for the state opposed the appeal.

The bench after hearing both the side at length deciding the appeal maintained death sentence awarded to the accused on charge of Zina, while it modified the section 395 to section 392 of Cr.P.C. The bench also modified the sentence from life-term to five years rigorous imprisonment.

The bench also granted interim bail till Feb 7 to two accused Ehtesham-ul-Haq and Muhammed Sami, officials of Pakistan Railways, Karachi Division.

The accused were directed to submit surety of Rs 0.2 million and Personal Bond in the like amount. The accused were booked by Railway Police under section 114 of Railway Act.ÑAPP