KARACHI, July 26: A ten-year-old boy, who was raped in a public park, and his mother are being threatened by the man accused of the crime — who is at liberty despite the fact that his interim pre-arrest bail was cancelled by the court.

It remains unclear why the accused, Syed Mohammed Zeeshan, remains at large. The case [FIR 141/2007 under Section 377/506-b of the Pakistan Penal Code] was registered at the Preedy police station.

When contacted in this regard, its defunct station investigation officer (SIO) stated that Zeeshan is “on bail” and expressed ignorance about the fact that the bail was cancelled by First Additional District and Sessions Judge, Ghulam Mustafa Memon, on May 21, 2007.

“The challan of the case has already been submitted in court,” said the SIO.

Meanwhile, the accused Zeeshan and his brother are physically harassing the victim of the crime, Faisal Arsalan, and his mother Hoor Bano who live in Rafi Mansion, Arambagh.

“They have barged into our apartment several times and held my child at gunpoint,” claimed Ms Bano. Showing injuries on her neck, she told Dawn that “they threatened to douse me with acid and cut my neck with the blunt edge of a knife.”

The man accused of the crime works as a lineman with the telephone department and the victim’s mother says that he is backed by members of a political party active in the area. Ms Bano, who teaches at a government school, fears that she and her son will be killed.

‘The child was bleeding’

The crime was committed on March 14, 2007. Ms Bano testified that at about 1930hrs, she saw from her balcony that her son was standing weeping in the Arambagh park while a man was running away. Upon reaching the spot, she found that the child was bleeding and had injuries on his face. He was given initial treatment at a private clinic.

Since the relevant police station did not issue a letter for a medical examination, Ms Bano approached the Citizen’s Police Liaison Office and was given a referral letter.

The boy Arsalan was examined by the medico-legal officer of the Civil Hospital Karachi, Dr Rafiq Ahmed Abbasi, on March 16. The doctor concluded that the victim has been subjected to “carnal intercourse / sodomy” and that the injuries were two days old.

The accused Zeeshan’s bail application was dismissed by the First Additional District and Sessions Judge on May 21. In his order, Justice Memon also observed that the investigation officer had collected sufficient material to connect the accused man with the crime.

Referring to the accused Zeeshan’s application for bail, the order stated:

“I have given due consideration to the arguments advanced at bar and perused the police file.

“No doubt there is a delay of three days in lodging the FIR but explanation given in the said account put by the applicant’s counsel carry some weight since the place of incident is a public place, therefore it is unbelievable that this incident took place after Maghrib prayers and at the time of the incident the applicant was on his duty place (ie) telephone department.

“However, it would be fully determined at the time trial. If found force in the plea of learned advocate for the complainant that it cannot be presumed from a mother to make prey to her own son to settle the account of enmity. In other words it cannot be acceptable from a mother to use her ten year boy while arranging a sodomy act upon him implicate her opponent in the case.

“She cannot put the honour of her entire family at stake because allegations of this type of nature definitely lower down prestige and honour of her family in society.

“The boy loudly speaks that he was subjected to carnal intercourse at the hands of present applicant Zeeshan.

“So far plea of alibi of the applicant is concerned, he is a lineman in the telephone department and it is a matter of common knowledge that after putting presence in the muster roll the linemen usually visit their areas to answer the complaints. He has failed to produce a documentary proof to say that at the said particular point of time the accused was available in the office and doing some work there.”

Taking into account the doctor’s opinion as well, the order maintained that “in the given circumstances I found no special circumstances to confirm the interim pre arrest bail of the applicant, hence, his instant pre arrest bail application is dismissed.”
Source: Dawn
Date:7/27/2007