Lahore: On Saturday, the Punjab Prosecutor’s Office filed a state appeal with the Supreme Court’s Lahore Register over the sole conviction of the social media sensation Qandeel Baloch murder.
On February 14, the Multan Trial of the Lahore High Court suspended the life sentence sentenced by the first trial court in 2019 under section 311 of the Pakistan Penal Code (PPC) and acquitted Kwandil’s brother Mohammad Wassim.
A national appeal, filed by Additional Prosecutor Khurram Khan, argues that the LHC did not evaluate the law and the facts of the case from a genuine standpoint while allowing the prisoner’s appeal.
The acquittal in this case is said to be a legacy of justice.
The Court of Appeal argues that although the confession statement of the prisoner under section 164 CrPC was quite convincing, the LHC rejected it on the basis of simple description and assumptions.
It is stated that the observations made by the court in the non-prosecution judgment with respect to the confession are against the laws of the country and are not sustainable from the point of view of the law.
The appeal argues that in the age of scientific evidence, the courts have ignored the matching DNA report of the Punjab Forensic Science Authority (PFSA) establishing the prosecution case at every corner.
It says that Qandeel’s death occurred at her parents’ home and the burden of proving that she was not involved in the crime under section 122 of the 1984 Qanoon-i-Shahadat Order was shifted to the accused.
According to the DNA data collected near the body of the deceased, the existence of a suspect at the crime scene and the fact that he took part in the murder of his sister have been confirmed.
The appellate argues that the court-generated evidence and circumstances of the case make this case a classic example of “honour murder” within the scope of 311 Fasad-fil-Arz (PPC).
It also contends that the Court of Appeal did not consider a polygraph test, which is very strong evidence for the accused.
Prosecutors said the LHC had taken illegal measures, such as acquitting the deceased on the premise of reconciliation without recalling the list of legal heirs of the deceased.
The deceased had a minor son, and while the court allowed the defendant to appeal, it is said that the minor’s rights were not protected in the case.
The appeal asks the Supreme Court to reverse the LHC’s judgment and restore the conviction sentenced by the Court of First Instance.
LHC Justice Sohail Nasir found a grave misconduct by the magistrate while recording the confession and authorized Waseem’s appeal.
“Once the evidence of the confession is discarded, the prosecution and the prosecution have no other evidence to prove that it was an honor killing case,” the judge said in the ruling.
The judge said, “I know that a famous Korean celebrity died innocently, but since the court has to decide the case according to the law, this fact alone cannot convict the accused. law”.
Posted at Serb on March 20, 2022