Supreme Court to take up Khadija Siddiqui’s appeal against acquittal of Shah Hussain today

A judicial magistrate had on July 29, 2017, sentenced Hussain to seven-year imprisonment under Section 324 (attempted murder) of Pakistan Penal Code (PPC), two years under Section 337A(i) (causing injuries), five years under Section 337A(ii), one year under Section 337F(i), three years under Section 337F(ii) and five years under Section 337F(ivThen chief justice Mian Saqib Nisar had taken noticeof Hussain’s acquittal and forwarded the case to a Supreme Court bench headed by Justice Asif Saeed Khosa, the new chief justice, for hearing. The appeal was accepted by the court a few days later.nullA judicial magistrate had on July 29, 2017, sentenced Hussain to seven-year imprisonment under Section 324 (attempted murder) of Pakistan Penal Code (PPC), two years under Section 337A(i) (causing injuries), five years under Section 337A(ii), one year under Section 337F(i), three years under Section 337F(ii) and five years under Section 337F(iv).However, a sessions court in March 2018 had commuted the rigorous imprisonment by two years awarded by the trial court to Hussain while setting aside the other minor penalties.Hussain, the son of a senior LHC lawyer, then appealed against his conviction in the high court and was acquitted in June 2018. LHC Justice Sardar Ahmad Naeem in his detailed verdict had written: “The injured witness ordinarily is not disbelieved but the circumstances of this case forced me to disbelieve the injured prosecution witness.””I am satisfied that the prosecution has failed in its duty to prove the guilt of the appellant (Hussain) beyond reasonable shadow of doubt and the benefit of the doubt is always extended in favour of the accused.””Mere presence of injuries would not stamp that he is a truthful witness. His testimony is to be tested and appraised on the principles applied for appreciation of any other prosecution witness,” Justice Naeem had ruled.Then chief justice Mian Saqib Nisar had taken noticeof Hussain’s acquittal and forwarded the case to a Supreme Court bench headed by Justice Asif Saeed Khosa, the new chief justice, for hearing. The appeal was accepted by the court a few days later.

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