Final Appeal in the Zainab Amin Rape and Murder Case

Date of hearing: 12.06.2018

Case Name: Imran Ali v The State (Jail Petition No. 298 of 2018)

Court: The Supreme Court of Pakistan

Judges present: Mr. Justice Asif Saeed Khan Khosa

Mr. Justice Manzoor Ahmad Malik

Mr. Justice Syed Mansoor Ali Shah

Representatives

For the petitioner: Ms. Sarwat Nawaz, ASC

For the complainant: In person.

For the State: Mr. Mazhar Sher Awan, Additional Prosecutor General, Punjab

The petitioner was convicted of kidnapping, sodomizing, raping and murdering Zainab Amin, a 7/8 year old minor (offences under sections 364-A, 376, 377, 302(b) and 201, PPC and section 7(a) of the Anti-Terrorism Act, 1997). Amongst other sentences, he also received a death sentence.  The petitioner appealed his conviction in the High Court but that petition was dismissed and all his sentences were upheld. He then filed this appeal in the Supreme Court.

The leading judgement was given by Justice Asif Saeed Khan Khosa. After hearing both sides and perusing records of the case, the court noted that the petitioner had plead guilty in the trial court where he recorded a detailed confessional statement in which he admitted all charges brought against him. Despite this confession, the trial court recorded evidence against him which included the statements of 32 witnesses. The counsel for the petitioner in the trial court had only prayed for lenience in the sentencing of the petitioner and had advanced no arguments challenging the merits of the prosecution’s case against him.  The memorandum of appeal submitted to the High Court by the petitioner contained the same prayer and did not contest the convictions by the trial court. Only in the arguments before the High Court did the petitioner submit that he had confessed under duress but he did not provide any details regarding the coercion he faced.

The memorandum for the current appeal also carried the same argument in paragraph number 4  but in paragraph number 10 of the same petition the petitioner once again, confessed to his involvement in the crimes he was convicted for. Apart from this, the prosecution adduced evidence such as CCTV footage, photographs, DNA tests and medical evidence. All this evidence was enough to convince the court in the current appeal that the petitioner’s confession was voluntarily made and was true. This was concurred with by both lower courts which examined this case.

In the court’s independent evaluation of the evidence presented, there was nothing to suggest that the guilt of the petitioner was not established beyond reasonable doubt. Convinced that the petitioner had kidnapped, abused and murdered the female who was a minor (7/8 years old), the court dismissed his appeal.