SC issues notices to all accused in Mukhtaran Mai rape case
ISLAMABAD: The Supreme court of Pakistan (SC) on Thursday issued notices to all accused in Mukhtaran Mai gang rape case in opposition to a assessment petition filed in 2011 by using the victim seeking remember of an prior judgement through the top court docket.
A 3-decide bench of the apex court docket, headed by way of Justice Saqib Nisar, took up Mai’s evaluate petition towards the top court docket’s April 21, 2011 verdict regarding the acquittal of 5 of the six accused.
Aitzaz Ahsan, information for Mai, appeared and argued the case. The hearing of the case has been adjourned for an indefinite interval.
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In 2011, a 3-member bench of the SC had upheld the verdict of the Lahore high court docket (LHC) in Mai’s gang-rape case and acquitted 5 of the six accused and brushed aside the petitions. On may 19, 2011, Mai filed a review petition in the apex court docket against the verdict.
In the beginning, 14 accused had been nominated within the case, and eight were acquitted. The remaining six got dying sentences with the aid of the trial court. Later, the LHC acquitted 5 of them and transformed the demise sentence of probably the most accused to a existence-time period. The SC took suo motu realize whilst the victim and accused Abdul Khaliq also filed petitions in the apex court.
Currently, in her evaluation petition, Mai has pleaded that the court docket should evaluation and recall the judgment and grant remedy as prayed in the titled crook enchantment. She has also requested the courtroom to constitute a larger bench to listen to her evaluation petition, contending that she is aggrieved of and dissatisfied with the findings of the court docket.
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“The findings, reasons and issues of this courtroom that resulted in the conclusion as recounted herein earlier than are centered on inaccurate assumptions of fabric tips and misreading of the document…,” the petition states. Mai contended that the judges had misapplied the ideas in relation to appeals in opposition to the acquittal.
Her advice extra submitted that Hazoor Bakhsh and Ghulam Hussain, being shut family of the petitioner-complainant, could not pass the scan of unbiased witnesses; accordingly, the restoration of the pistol from the accused will have to be disbelieved.
Ahsan additional submitted that almost all judges had upset the settled regulation with the aid of maintaining that even the place a prosecution witness isn’t produced, his or her assertion recorded underneath section 164 of the Code of criminal procedure (CrPC) would still be used and that too below section 172 (2) of the CrPC and that inference would be drawn from it for the purposes, or under Article 129(g) of the Qanoon-e-Shahadat Order, 1984.
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“The observation of majority judges that strategies for the duration of cross-examination might be considered towards the accused provided that he/she had taken a statutory defence is opposite to the settled law on this factor, principally when there’s no ‘statutory defence’ to the offence of rape”, Ahsan stated.