LAHORE, Oct 29 (APP):The Lahore High Court (LHC) has reduced the life imprisonment awarded to Shagufta Parveen, convicted of killing her two minor sons, to 10 years, while upholding her conviction and rejecting her plea for acquittal.
Justice Muhammad Amjad Rafiq announced the 20-page judgment on her appeal, examining the evidence, legal and religious principles governing Qisas, the convict’s mental state and the circumstances surrounding the killings.
The court held that the prosecution had established Parveen’s involvement in the killings of her three-year-old son, Abdul Hadi, and nine-month-old son, Abdul Rahim. Her confession, DNA evidence, medical reports and other forensic evidence, including findings related to a knife, connected her to the crime.
However, the court partially allowed her appeal and set aside the punishment imposed by the trial court under Section 302(b) of the Pakistan Penal Code (PPC), substituting it with a 10-year sentence under Section 302(c).
The judgment observed that a mother could not be subjected to Qisas for killing her own children under the applicable legal and religious principles. However, this did not mean she could be acquitted of the offence of murder.
The court noted that Parveen, a resident of Hafizabad, had allegedly been suffering from severe mental stress arising from her husband’s behaviour and domestic disputes. It held that these circumstances could be considered in determining the appropriate sentence.
The judge, however, clarified that severe psychological stress and legal insanity were distinct concepts. Mental distress alone could not justify acquittal, particularly when the prosecution had produced evidence establishing the accused’s involvement in the crime.
The judgment also took into account the fact that Parveen had allegedly attempted suicide after the killings. The court examined this aspect alongside the other evidence and rejected the claim that unidentified persons were responsible for the crime.
The high court maintained the trial court’s order directing Parveen to pay Rs200,000 in compensation to the heirs of each deceased child. It also upheld the six-month imprisonment awarded to her in connection with the attempted suicide.
According to the judgment, the sentences in the two murder cases would run concurrently. The convict was also granted the benefit of Section 382-B of the Code of Criminal Procedure, under which the period already spent in custody is counted towards the sentence.
The court further highlighted the need for greater clarity regarding the application of the principles of Qisas, Section 306 of the PPC and the standard of evidence in murder cases.
It recommended that the government seek the opinion of the Council of Islamic Ideology on these legal and religious questions to facilitate clearer interpretation and application of the relevant principles.
The judgment also observed that the affected party could pursue a separate civil claim for damages under the applicable law, if so advised.
Prosecutor General Punjab and Assistant Law Officer Khalida Parveen assisted the court in the proceedings.
Source: APP (Associated Press of Pakistan)
