By Ishaq Tanoli
KARACHI: An anti-terrorism court reserved on Saturday its verdict for Aug 31 in the three-year-old girl kidnapping, rape and murder case.
Traffic police constables Bashir Ahmed and Noor Mohammad are charged with kidnapping three-year-old Sana on July 3 when she was playing with her friends near her house in Korangi. The accused allegedly subjected the victim to a sexual assault before killing her.
Judge Syed Hasan Shah Bukhari of the ATC-I reserved his judgment for Monday after recording arguments from both sides.
In his final arguments, the counsel for accused Noor Mohammad stated that the prosecution had failed to prove its case as there were glaring contradictions in the statements of the witnesses.
He argued that the investigation was carried out on the directives of a union council nazim, who was not authorised to do so, before the registration of a case by a police officer. The investigation of the case was influenced by some political elements, he added.
He contended that the prosecution did not examine the deceased’s parents and a minor girl who, according to the prosecution, allegedly saw the accused at the time of the incident.
He concluded that the case against his client was not proved and prayed to the court to acquit him.
The counsel for accused Bashir also adopted his arguments.
Special Public Prosecutor Mohammad Khan Buriro argued that the prosecution examined nine witnesses and all of them had testified against the accused and their testimonies were corroborated by the medical evidence.
He contended that two eyewitnesses had rightly picked up both the accused during an identification parade and they also assigned their roles during the commissioning of the offence. The eyewitnesses also recorded their statements against the accused under Section 164 of the criminal procedure code before the judicial magistrate concerned, he added.
He submitted that the police have the authority to conduct an investigation before the registration of a case.
The prosecutor stated that the victim’s body was recovered on a lead given by the accused, Bashir, while the co-accused, Noor Mohammad, had supported him in the commissioning of the crime.
He said that the accused have failed to provide any document or witnesses in their defence while in his statement under oath, the accused, Bashir, did not give any valid reason to prove his innocence.
He concluded that the prosecution has successfully established its case against both accused beyond a shadow of a doubt and sought capital punishment for the accused.
The court, meanwhile, dismissed the application filed by the defence, requesting the trail court to summon defence witnesses. The court also dismissed an application seeking the transfer of the case from a special court to a regular (sessions) court.
According to the prosecution, the accused kidnapped three-year-old Sana on July 3, raped her and then killed her. The body of the victim girl was recovered from a manhole near the FTC building on a lead given by the accused following their arrest on July 5, it added.
A case (FIR 331/2009) was registered against the accused under Sections 364 (kidnapping or abducting a person under the age of 10), 376 (punishment for rape), 302 (premeditated murder) and 34 (common intention) of the Pakistan Penal Code read with Section 6(b) punishable under Section 7 of the Anti-Terrorism Act, 1997 at the Zaman Town police station.