Razia Kubra’s Case – Criminal Acquittal Appeal No. 587 of 2021
Razia Kubra a survivor of gang rape along with her family members was visiting the shrine of Shahbaz Lal Qalandar in Sehwan Sharif. On their way to Punjab, the family along with the victim visited the mausoleum of Quaid-e-Azam in Karachi. During her visit at the mausoleum, one of the accused put a handkerchief across her face whereas another put a gun against her head and forced her into a room adjacent to the mausoleum. An FIR under the offence of kidnapping and rape was registered against the five accused persons. However, the accused were acquitted by the District and Sessions Judge, Karachi (East), through judgment dated 06.04.2013, who based his decision on the presumption that the offence of zina and the offence of gang rape are not distinct but same offences. Therefore, the standard and nature of proof for the two offences is same.
Aggrieved and dissatisfied by the aforementioned Judgment dated: 06.04.2013, Razia Kubra filed the Criminal Acquittal Appeal No. 135 of 2013, before the Honourable High Court of Sindh, at Karachi. The said Appeal was decided vide Judgement dated: 21.05.2021, whereby the case was remanded back to the trial court for passing a fresh judgment. However, despite the directions of the Honourable High Court, the Trial Court, upon hearing the arguments of the parties, has against acquitted the aforementioned accused in the above Accused, through Judgment dated: 5th October, 2021.
The Victim i.e. Razia Kubra has filed Criminal Acquittal Appeal No. 587 of 2021 against the above Judgment dated: 5th October, 2021, before the Honourable High Court which is pending adjudication.
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