Convict in Zainab rape, murder case challenges death sentence in LHC
Convict in Zainab rape, murder case challenges death sentence in LHC
News Desk
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The man convicted in the rape and murder case of minor Zainab in Kasur filed an appeal in the Lahore High Court (LHC) against the death sentence an anti-terrorism court (ATC) punished him with.

The man convicted in the rape and murder case of minor Zainab in Kasur filed an appeal in the Lahore High Court (LHC) against the death sentence an anti-terrorism court (ATC) punished him with.

The appeal was submitted by the administration of Kot Lakhpat Jail on behalf of Imran Ali, the convict who was identified via a DNA test linking him to Zainab’s abduction, rape and murder.

In his petition, the convict has stated that legal requirements were not met during the trial and that the ATC announced the verdict “in haste, which is why its verdict should be declared null and void”.

On February 17, conducting the swiftest trial of Pakistan’s history, an ATC awarded four death penalties to Imran Ali – the man who was identified through the DNA test as being behind the abduction, rape and murder of Kasur’s 7-year-old Zainab.

The ATC also sentenced him to life imprisonment and a separate 7-year term, while also imposing on a fine of Rs3.1 million. He will also have to pay Rs1million as compensation to Zainab’s family.

Zainab Amin was abducted on January 4 from near her aunt’s house in Kasur. Her body was recovered from a heap of garbage near her house five days later, sparking widespread protests in which two people were also killed due to police firing.

The police later collected DNA samples of 1,187 people from January 12 to January 23 to trace the accused. On January 23, the police arrested Imran Ali, a neighbour of slain Zainab, as his DNA matched not only with the DNA samples found on the body of seven-year-old victim, but also at least 7 more victims.

On January 24, Ali was presented before the ATC which remanded him for four days in the custody of a joint investigation team (JIT). A polygraph test of the accused was also conducted which established his involvement in the murder.

On January 25, the LHC’s then chief justice Mansoor Ali Shah ordered that his trial must conclude within seven-days. On February 6, the accused was sent on a three-day physical remand for allegedly raping and murdering seven other children.

On February 9, the accused was again presented before the ATC as the prosecution submitted a list of 56 prosecution witnesses before the court.

On February 10, the court handed over copies of the challan to the accused counsel in a hearing which was held in Kot Lakhpat jail and February 12 was fixed for framing of charges.

On February 12, the judge asked the accused whether he accepts the charges levelled against him in the challan. The accused refused to accept the charges after which the court indicted him in the case and started regular trial proceedings.

On February 14, the ATC judge recorded statement of the accused and directed the lawyers of both sides to come up with arguments. However, Mehar Shakeel, the counsel for the accused, recused after the confessional statement and another lawyer assumed role of his counsel.  On February 15, the ATC judge reserved its decision after both sides completed their arguments.

Out of total 56 prosecution witnesses, statements of 32  were recorded and cross-examined while the rest were given up. The high-powered JIT also submitted its 175-page report before the ATC.

During the trial inside the jail, the ATC judge Sajjad Ahmed asked the convict several times if there was any pressure on him and that he could talk to the judge if he wanted to say something. At one time, the convict told the judge he was ashamed of his acts and now he wanted to become a good citizen if he was granted an opportunity to go scot-free.

The most important aspect of this case is that defense did not challenge the material evidence nor brought anything on file that could suggest false implication of the now convicted Ali.