PESHAWAR, August 27 2006: Additional District and Sessions judge Mohammad Rauf Khan, on Friday acquitted a girl and four other people charged under the Hudood law. The court accepted an application filed under section 265-K of Criminal Procedure Code, which empowers the trial court to acquit an accused person before conclusion of the trial when the evidence on record are not enough for his or her conviction.

The complainant in the case was Fazli Huda, father of the girl, who initially claimed that his daughter had been abducted by the main accused, Afsar Khan, his parents and brother. After more than a week the girl returned home and she was also turned accused in the case and arrested. Later on, she was granted bail by a local court. Advocate Umer Zafran appeared for the five accused and contended that the evidence on record clearly proved that they were falsely implicated in the case.

The FIR of the case was registered on Oct 27, 2005, at Gulbahar police station under section 5, 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The complainant alleged that his daughter had also taken away Rs47,000 and a gold ornament with her. He claimed that his daughter was minor and aged about 14. When the girl returned she claimed that she had gone to Kamra with the family of Afsar Khan and they had also taken away the money which she took from home.

Her medical examination proved that neither she was indulged in any sexual activity nor was raped. When the trial started a compromise took place between the two parties. During cross examination the complainant retracted from his earlier allegations and stated that his daughter had gone to the house of his relatives in Kamra and the registration of the FIR was based on misconception. He added that he was fully satisfied that the accused were innocent.

Advocate Umer Zafran contended that after the statement of the complainant it had become a case of no-evidence. He added that medical examination also proved that no offence was committed by the accused persons.
Source: Dawn
Date:8/27/2006