The Supreme Court on Wednesday admitted appeal against acquittal of convict Shah Hussain by the Lahore High Court in Khadija Stabbing case for regular hearing.The court observed that there was no room for "benefit of doubt" as the occurrence took place in broad daylight. "Had it taken place in dark there might be some benefit of doubt, the court added.
"Why Khadija and her younger sister did nominate Shah Hussain as accused from whole world?" questioned the court. The Lahore High Court on June 4 had acquitted Shah Hussain giving him benefit of doubt. The court had observed that the prosecution had failed to establish its case and the courts could not solely rely upon the statement of the injured witness/victim.
The Chief Justice had taken a suo motu notice of the convict's acquittal after the decision was widely criticized. However, the chief justice discharged the suo motu and fixed the appeal for hearing before the apex court. Last year, a judicial magistrate had sentenced Shah Hussain seven-year imprisonment under section 324 of PPC for trying to kill his class fellow Khadjia. Later in March this year, a sessions court reduced the sentence by two years.
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