| Case ID |
164a6d51-eacd-429a-85ff-bc16d608539e |
| Body |
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| Case Number |
Crl. Org. No. 01 of 2017 |
| Decision Date |
Apr 17, 2018 |
| Hearing Date |
Mar 26, 2018 |
| Decision |
The Islamabad High Court found that while the prosecution presented evidence under various sections of the Pakistan Penal Code, particularly under Section 328-A concerning the willful assault and neglect of a minor maid servant, the evidence was primarily circumstantial and lacked sufficient corroborative ocular evidence to prove the charges beyond a reasonable doubt. The Court noted that the minor, Mst. Tayyaba Bibi, had been subjected to injuries while under the care of the accused, but the prosecution failed to establish a continuous chain of evidence linking the accused to the alleged harm. Consequently, the accused were convicted under Section 328-A for neglecting and harming the minor but acquitted of other charges due to insufficient evidence. They were sentenced to one year of simple imprisonment and a fine of 50,000 rupees each. |
| Summary |
This case revolves around the allegations against Mst. Maheen Zafar and Raja Khurram Ali Khan regarding the maltreatment of a minor maid servant, Mst. Tayyaba Bibi. The prosecution alleged that the accused inflicted physical harm on the child, leading to injuries that were documented in medical reports. However, the case was primarily built on circumstantial evidence, which is traditionally considered weaker in court. The judges examined witness statements, medical evaluations, and the circumstances surrounding the minor's treatment while in the accused's care. Despite some evidence suggesting neglect, the court determined that the prosecution failed to prove the charges beyond a reasonable doubt for most allegations, resulting in a conviction only under Section 328-A of the Pakistan Penal Code for willful neglect. The decision highlights the complexities of legal proceedings involving minors and the standards required for establishing guilt in serious criminal cases. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
AAMER FAROOQ, JUSTICE
|
| Lawyers |
Mr. Tariq Mehmood Jahangiri, Advocate General for Petitioner.,
Raja Zahoor-ul-Hassan, Advocate for Complainant.,
Raja Muhammad Farooq, Advocate for Accused/Respondent No. 1.,
Raja Rizwan Abbasi, Sohail Akhtar, Naila Noreen and Raaz Ali Shah, Advocates for Accused/Respondent No. 2.
|
| Petitioners |
STATE
|
| Respondents |
MAHEEN ZAFAR,
RAJA KHURRAM ALI KHAN
|
| Citations |
2018 SLD 2212,
2018 PLJ 664
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
342,
506,
328-A,
201,
337A(i),
337-F(1),
34
|