ISLAMABAD, Sep 14 (APP):The Supreme Court on Monday upheld the life imprisonment of an accused, convicted of murdering his wife in Karachi, dismissing his appeal against the Sindh High Court judgment and maintaining the order to pay Rs500,000 compensation. A 10-page detailed judgment authored by Justice Hashim Kakar held that the chain of circumstantial evidence against the convict was complete, noting that he remained absconding for seven years after the …
SC upholds life imprisonment of man convicted of wife’s murder
ISLAMABAD, Sep 14 (APP):The Supreme Court on Monday upheld the life imprisonment of an accused, convicted of murdering his wife in Karachi, dismissing his appeal against the Sindh High Court judgment and maintaining the order to pay Rs500,000 compensation.
A 10-page detailed judgment authored by Justice Hashim Kakar held that the chain of circumstantial evidence against the convict was complete, noting that he remained absconding for seven years after the incident.
The court observed that domestic homicide was a crime often difficult to prove and that, in cases involving the unnatural death of a wife, the husband’s explanation could assume significance. An unacceptable explanation by the husband could form an important link in the chain of circumstantial evidence, it added.
The Supreme Court, however, cautioned that no automatic presumption of guilt could be drawn against an accused. The presumption of innocence and all legal safeguards available to an accused must remain intact, the judgment emphasised.
The court stressed the need for a ‘gender-sensitive approach in the investigation of domestic killings’, observing that the private nature of a matrimonial home should not become a shield for perpetrators.
The judgment noted shortcomings in the investigation, observing that despite recovery of a blood-stained hammer and sheet, the articles were not produced before the trial court. The failure to present such evidence constituted serious negligence on the part of the police, it observed.
The Supreme Court directed that police officers should be trained to address gender and patriarchal biases and that gender-sensitive investigation procedures should be adopted in cases involving crimes against women.
It further emphasised accountability for negligence by investigating officers and called for consideration of a system for systematic review of every domestic homicide case.
The court observed that attempts to attack the character of a deceased woman after her murder reflected a patriarchal mindset and stressed that fundamental changes were required in investigation and judicial proceedings to ensure protection of women.
The Supreme Court, while maintaining the Sindh High Court judgment, dismissed Habibullah’s appeal and upheld his life sentence and the Rs500,000 compensation order.
