ISLAMABAD, MAY 20 (ONLINE): A 3-member bench of SC presided over by Justice Hashim Kakar has announced decision of Noor Mukadam murder case upholding the death sentence awarded to Zahir Jaffer in this case.
death sentence of Zahir Jaffar in rape case was converted to life imprisonment, In kidnapping the sentence was reduced from 10 years to one year rigorous imprisonment.
The court also upheld the order for payment of compensation to Noor Mukadam’s family
Regarding Jaffer’s co-accused — the household staff — the court reduced the sentences of his watchman and gardener. It ruled that the punishments already served by both would suffice.
The court has remarked detailed reasons of decision will be issued later.
During the hearing of the case justice Hashim Kakar remarked victim and convict lived together which is admitted fact. This was such a relationship between the two which is common in Europe and not here. Living together by boy and girl is bad luck of our society. Such relation runs contrary to the norms of religion and morality.
Suleman Safdar counsel of criminal Zahir Jaffar argued the entire case of prosecution relies on CCTV footage and DVR. It is essential that evidence against the appeal filer should be beyond any suspicious.
He indicated prosecution footage was run in Islamabad High Court but it could not run.
Justice Hashim Kakar remarked you have accepted CCTV Footage upon which you are raising objection. Punjab Forensic Science Laboratory also said CCTV Footage is neither tempered nor has it been touched.
Justice Hashm Kakar said if any man would have made video then objection could be raised that specific portion of the video has been shown. In the matter of this video there is no human interference. This video was recorded through CCTV camera.
The arguments of , Suleman Safdar counsel for the convict were completed during the hearing.
Later the counsel for chowkidar and gardener opened the arguments and took the plea chowkidar and gardener were awarded 10 years sentence each.
The counsel said the culprits are accused and they stopped the victim from going outside.
Justice Ali Baqar Najafi remarked had criminals not stopped the victim then matter would have been different.
The counsel for convicts said there is no other offence of chowkidar and gardener than their presence in home.
Justice Hashim Kakar said what was need of working beyond salary.
The arguments of chowkidar and gardener were completed.
Shah Khawar, counsel for Noor Mukadam opened his arguments.
Justice Hashim Kakar said several facts in the case are admitted facts. There is no need to give arguments on admitted facts. The convict and the victim lived together. It is admitted fact.
Justice Hashim Kakar said Noor Mukadam came to his home on her own. Does this not curtail the sentence of kidnapping. If there is no CCTV footage even then recovery of body of the victim from the home of criminal is sufficient.
Justice Baqar Najafi inquired was mobile phone of Noor Mukadam recovered.
Shah Khawar said call record is available. But mobile phone was not taken into custody.
Prosecution counsel said state wants the most stringent punishment be given in this case. This is crime against weak segment of society.
Justice Ali Baqar Najafi remarked if awareness has to be created then youths should be made aware of demerits and impacts of living relationship.
Justice Hashim Kakar said Youth be made aware of perils of use of drugs. Drugs are being sold out in universities. Go and conduct raid on Quaid-e-Azam university. Perhaps this is my first case where I have upheld death sentence.
Justice Hashim Kakar said he spoke to counsel for convict after announcing sentence Suleman Safdar this was a difficult case.
The counsel for criminal said yes my lord it was very difficult and complicated case.
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