PHC upholds capital punishment: Murder of 12-year-old boy
PESHAWAR, September 23 2005: The Peshawar High Court on Thursday September 22 upheld the death sentence awarded to a person by an anti-terrorism court for sexually assaulting and killing a boy. A two-member bench comprising Justice Shahjehan Khan Yousafzai and Justice Fazalur Rehman Khan observed that the prosecution had proved its case against the appellant, Naseebzada, and the evidence on record proved his involvement in the commission of the offence.
The appellant was convicted on Dec 14, 2004, by the anti-terrorism court in district Swat, and was sentenced to death with a fine of Rs100,000.
The boy named Naseeb Zaman, aged 12, was a student of class three at a local school in Lower Dir.
The prosecution claimed that the boy disappeared on Dec 7, 2002, from his village. The family suspected that Naseebzada was responsible for the boy’s disappearance. Soon after the occurrence, Naseebzada and his family had left the area.
Later on, the police arrested the man on Dec 16, 2002, and on his indication the police recovered the body of the boy from a dry well. During police investigation, the appellant claimed that he sexually abused the boy and as he was saying that he would inform his parents about the incident, he killed him out of fear of reprisal.
He stated that he blindfolded the boy and pushed him into the well.
The appellant retracted his statement before the court of judicial magistrate and stated that he was going along with the boy at night and he fell into the well. He could not justify why he remained silent when the boy fell into the well.
The prosecution claimed that earlier the family of the victim had reprimanded the appellant as he was trying to establish friendship with the victim.
Barrister Arshad Abdullah appeared for the complainant whereas Waseem Tariq represented the state. They contended that the appellant had pointed out the place from where the body of the victim had been recovered. They added that the boy was missing and finally he was found dead.