| Case ID |
1737cc61-3386-437e-9909-02ea4b46a9da |
| Body |
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| Case Number |
Crl. A. No. 99 of 2017 |
| Decision Date |
Dec 19, 2018 |
| Hearing Date |
Oct 26, 2018 |
| Decision |
The Islamabad High Court, in its judgment, upheld the conviction of Allah Ditta for murder under Section 302(b) of the Pakistan Penal Code, sentencing him to life imprisonment. The court found that the evidence presented, including circumstantial evidence and the confessional statement of the accused, sufficiently established his guilt in the murder of Khatima Bibi, an 8-year-old girl. However, the court overturned the conviction for rape under Section 376, noting that the absence of semen grouping and DNA testing precluded a finding of guilt for that charge. The court emphasized the importance of procedural safeguards in recording confessions and highlighted the juvenile status of the accused at the time of the crime, which influenced the sentencing decision. |
| Summary |
This case revolves around the tragic murder of Khatima Bibi, an 8-year-old girl, whose disappearance sparked a police investigation leading to the discovery of her body in a drainage ditch. The court evaluated extensive evidence, including the confessional statement of the accused, Allah Ditta, and various medical reports. The case underscores the legal intricacies involved in cases of child abuse and murder, including the application of the Juvenile Justice System Ordinance, 2000. The court's decision reflects a commitment to uphold due process while ensuring justice for the victim. The ruling also highlights the critical importance of forensic evidence in sexual assault cases, particularly the necessity of DNA testing to establish culpability. Keywords related to this case include 'child murder', 'juvenile justice', 'Pakistan Penal Code', and 'forensic evidence'. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
Mohsin Akhtar Kayani, Justice
|
| Lawyers |
Mian Asad Hayat Awan, Advocate,
Sardar Ali Khan, Advocate,
Mr. Sadaqat Ali Jahangir, State Counsel
|
| Petitioners |
Allah Ditta
|
| Respondents |
State
|
| Citations |
2019 SLD 2076,
2019 PLJ 848
|
| Other Citations |
2017 SCMR 986,
2017 SCMR 713,
2016 SCMR 274,
PLD 2008 SC 115,
PLD 2007 SC 202,
2017 PCr.LJ 789,
2016 MLD 1219,
2013 PCr.LJ 772,
PLD 2010 SC 1080,
PLD 2009 SC 777,
PLD 2006 Karachi 331,
2012 PCr.LJ 142,
2015 PCr.LJ 1163
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
34,
201,
302,
302(b),
376,
164,
173,
342,
364
|