(Late) Fakhra Younus Acid Attack Case
CP No. D-1171 of 2012 [PILER and Others Versus Province of Sindh and Others]
(Late) Fakhra Younus and Irfan Malik were victims of a brutal acid attack perpetrated by Fakhra Younus husband, Bilal Khar who is the son of an influential politician. There were four eyewitnesses and all of them were close relatives of the victim and knew the accused. All aforementioned witnesses stated in their testimony that they had seen the accused flee from the crime scene, and two of them had witnessed the actual act. The eyewitness, Shahida Malik who was the mother of Irfan Malik, registered the F.I.R. No. 33/2000 under Section 324/336/34 of PPC at Police Station Napier, Karachi, against the accused. During the course of proceedings all four witnesses informed the trial court that they were being threaten by the accused but the court failed to take any notice. Eventually all four witnesses retracted their earlier evidence against the accused, claiming that they don’t recognize him and the accused present before the court is different from the person who throw acid on Fakhra and Irfan.
On 16.12.2003, the accused counsel moved an application for the quashment and on the very same day the Trial Court quashed the case against Bilal Khar without recording evidence of two key witnesses, the doctor and the victim herself.
In March 2012FakhraYounus committed suicide in Italy listing lack of justice as one of the reasons. It is important to note that during the pendency of the case and when the impugned judgment was passed, Fakhra was out of the Country due to medical reason and remained outside of the country till her tragic death.
This Constitutional Petition was filed on behalf of various public spirited individuals and organisations to set aside the Judgment dated: 16-12-2003 passed in Session Case No. 63/2002 in order to seek justice for the (late) Fakhra Younus and for the effective implementation of the laws pertaining to Acid Attacks.
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