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India-Pakistan
Convict freed after murder victim found alive
2006-07-26
The Supreme Court has ordered an inquiry into the case of a man who spent three years in jail for a murder that never happened, a court official said on Tuesday. The woman Malik Taj Mohammad was convicted of kidnapping and killing was arrested for theft two years ago and is serving a jail sentence in Gujarat. "This woman was presented in court and the chief justice has ordered a lower court judge to conduct an investigation, fix responsibility and provide compensation to Taj," said court official Nisar Ahmed.

The woman, Malkani Bibi, was said to have been murdered during a property dispute between relatives, although Taj had maintained that his accusers had performed a mock burial. "On details provided by him, the police located Malkani in jail and produced her before the court," Ahmed said.
Posted by:Fred

#6  This is Pakistan not India

The highest court of Pakistan has ordered an inquiry into the case of a man who spent three years in jail for a murder that never happened.

A Supreme Court official confirmed on Wednesday that Malik Taj Mohammed had been the victim of a "huge injustice".

He proved his innocence when it was discovered that his "murder victim" was serving a jail sentence for theft.

Lawyers say the case is exceptional, even though false charges in criminal cases are often made in Pakistan.
Posted by: john   2006-07-26 20:36  

#5  The problem here of course is the islamic prohibition on autopsy and the need for burial within hours of death.

A muslim mob would have probably lynched any police attempting an exhumation of a woman's body.
Posted by: john   2006-07-26 20:11  

#4  Trials in India are before a judge (no jury of peers)
Posted by: john   2006-07-26 20:10  

#3  Well duh, of course other elements establish guilt. I wasn't speaking to the issue of a trial, but rather to the fact that they assumed she was dead and BURIED and didn't bother to verify there was a corpse.
Posted by: mcsegeek1   2006-07-26 10:48  

#2  mcsegeek1: convictions without bodies is common, even in the US. A body is only part of the "body of evidence", and if other elements establish guilt, then that is enough for a conviction.

Remember also that a body without other forensic evidence just establishes that someone is dead, not if they were murdered or who killed them.

Just by not confessing (in the US), you raise your chance of acquittal enormously, because juries are far more prone to pay attention to courtroom appearance and demeanor than evidence.
Posted by: Anonymoose   2006-07-26 10:37  

#1  Hey India, heres a hint: Produce a BODY and do an AUTOPSY before you charge for murder. I know this sounds a little complicated, but trust me, it works.
Posted by: mcsegeek1   2006-07-26 08:53  

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