Khadija stabbing case: LHC says prosecution failed to prove attacker’s guilt
Published June 07, 2018
LAHORE: The Lahore High Court (LHC) on Thursday released its detailed verdict in the Khadija stabbing case, in which it said the prosecution failed to prove the guilt of the accused beyond reasonable doubt.
The court earlier this week acquitted Shah Hussain, who was accused of stabbing his classmate Khadija Siddiqui 23 times in broad daylight. The decision sparked outrage among rights activists, celebrities and the public at large, with the hashtag #JusticeforKhadija becoming the top Twitter trend hours after the controversial judgment.
In his detailed 12-page verdict, Justice Sardar Ahmed Naeem said the prosecution failed to prove the guilt of the accused, who was acquitted of all charges due to the benefit of the doubt extended to him.
The judge said that there were discrepancies in the account of the incident given by the injured [Khadija], while the medical notes by doctors who treated her wounds were also not produced before the court by the prosecution.
In his judgment, the judge said he was "forced to disbelieve the injured prosecution witnesses". He ruled that he believed Khadija, after the attack, "was in her senses, well oriented in time and space" and questioned why the first information report (FIR) of the incident was registered "against an unknown accused in her presence".
"Evidence of eye/injured witnesses, thus, could not be relied upon with any amount of confidence," he stated.
Meanwhile, the LHC registrar, in a press release, rubbished the speculations circulating in mainstream and social media after Khadija Siddiqui "categorically stated in her interview that she was called upon by the Hon'ble Judge in his Chambers; whereby she was persuaded to enter into compromise with the petitioner/convict in presence of his father."
These news items are a malicious attempt to malign the judiciary as an institution, the press release stated, demanding an apology from the media within three days.
On the other hand, the Lahore High Court Bar accepted a resolution moved by the accused's father, Tanveer Hashmi, demanding that suo motu notice should not be taken in a case in which there is right to appeal.
It said the Supreme Court should outline clear rules regarding suo motu notice.
Chief Justice of Pakistan (CJP) Justice Saqib Nisar had taken suo motu notice of the accused's acquittal in the case, which would be heard on June 10.
