LEGAL
The Islamabad High Court has overturned a trial court's decision regarding the 25-year sentence given in the murder case of a girl who was killed for refusing marriage. Justice Mohsin Akhtar Kiyani, presiding over the appeal, declared the sentence unjust and ordered a retrial in the case.
The case involved the murder of a young girl by Shahzad, who had pursued her for five months before threatening her and her father after she refused to marry him. On November 30, 2020, Shahzad shot the girl in the head at 9:30 AM. The trial court had initially sentenced the accused to 25 years of rigorous imprisonment under Section 302C of the Pakistan Penal Code.
However, in the appeal, the Islamabad High Court found the 25-year sentence to be unjustified. In its written decision, the court stated that, in normal circumstances, the punishment for murder is the death penalty. The court further mentioned that while the death sentence could be reduced to life imprisonment under certain conditions, the trial court failed to explain the rationale behind reducing the sentence.
Justice Kiyani highlighted that neither the appellant’s lawyer nor the State Counsel could provide a justifiable reason for the 25-year sentence when questioned. Furthermore, the trial court failed to adequately justify its decision in the final paragraph of the ruling.
The Islamabad High Court ordered the case to be sent back to the trial court for a retrial. The court emphasized that both parties must be given an opportunity to be heard, and the trial court is instructed to deliver a reasoned decision within 45 days.