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India-Pakistan
ATC Karachi sentences two to death for rape, murder
2009-09-01
[Dawn] The Anti-Terrorism Court (ATC) has sentenced two traffic police officers to death for the kidnapping, rape and murder of a three-year-old girl, Sana, in Karachi.

Apart from the death penalty, the convicts, Bashir Ahmed and Noor Mohammad, would also have to undergo 10 years rigorous imprisonment and pay Rs,100,000 each to the family of the victim. In case of failure to pay compensation, the convicts would have to undergo three more years of rigourous imprisonment before facing the noose.

It may be mentioned that case had been transferred from a trial sessions court to the ATC at the express recommendation and request of the advisor to the chief minister, Sharmila Farooqi.

Analysts say that the move was made because of the fact that sessions court usually take a lot of time to resolve such cases. Criminal law expert Salahuddin Gandapur elaborates: 'The ATC usually deals with kidnapping for ransom cases. But any case which is of interest of the public at large and is related to terrorism can come under the preview of the court.

'Now since the crime was committed against a minor and that too by public office holders, the case was shifted to the ATC.' When asked whether the case would have been shifted to the ATC if the accused were not police officers, Gandapur said: 'Even then it could have been shifted to the ATC because of the heinous nature of the crime.'

Gandapur added that according to a recent amendment made in the CRPC related to rape offences, if a rape victim was a minor, the punishment for the accused could be a death sentence.

Meanwhile, Zia Awan, a renowned human rights' lawyer says: 'The death sentence awarded to the policemen is unique in this case because the judgment came in less than two months. This is quite rare.'

The brutal murder of a three-year-old in July led to a public outcry, compelling both the media and government to take notice, which Awan felt influenced the decision of the court by a large extent. 'We sometimes do not realize the power of the media,' Awan said, who is also a member of the Lawyers for Human Rights and Legal Aid (LHRLA).

However, he added, that verdict in itself was not unique as several people have been sentenced, when the rape was followed by murder. 'It is unfortunate, but the truth is if a rape victim survives, justice may not be delivered to her as quickly as in the case of murder. When the victim survives, there are often too many versions of the story and evidence is hard to obtain as a result of which the case drags for years.'
Posted by:Fred

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