Tuesday , March 31 2020

Supreme Court to hear Khadija Siddiqui’s appeal against acquittal of Shah Hussain today

The Supreme Court on Wednesday will hear the appeal of Khadija Siddiqui ─ a law student who was stabbed nearly 23 times in Lahore in 2016 ─ against the acquittal of alleged attacker and fellow student, Shah Hussain.

Khadija was stabbed by her fellow student Shah Hussain on May 3, 2016 near Shimla Hill while she arrived to pick her younger sister from school. The sister was about to get into the car when a guy named Hussain allegedly stabbed her with knife for 23 times leaving her extremely injured.

Khadija, who is currently studying law in United Kingdom came to Pakistan earlier this week . She appelaed against the acquittal of the attacker and hearing date was fixed  for Jan 23 (today).

A judiciary had on July 29, 2017, sentenced Hussain to seven-year imprisonment under Section 324 (attempted murder) of Pakistan Penal Code (PPC), two years under Section 337A(i) (causing injuries), five years under Section 337A(ii), one year under Section 337F(i), three years under Section 337F(ii) and five years under Section 337F(iv).

However, court in March 2018 had lessened the punishment by two years awarded by the trial court to Hussain while putting aside the other minor penalties.

Hussain, the son of a senior LHC lawyer, he appealed against his conviction in the high court and was  later acquitted in June 2018. “The injured witness ordinarily is not disbelieved but the circumstances of this case forced me to disbelieve the injured prosecution witness,”read the verdict.

“I am satisfied that the prosecution has failed in its duty to prove the guilt of the appellant (Hussain) beyond reasonable shadow of doubt and the benefit of the doubt is always extended in favour of the accused.”

“Mere presence of injuries would not stamp that he is a truthful witness. His testimony is to be tested and appraised on the principles applied for appreciation of any other prosecution witness,” Justice Naeem had ruled.

Then chief justice Mian Saqib Nisar had taken notice of Hussain’s acquittal and the  case was sent to Supreme Court bench headed by Justice Asif Saeed Khosa.

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