Case Details

Citation(s)
2019 SLG 284 2019 SLD 284 2019 YLR 98
Islamabad High Court
Criminal Appeal No. 154 of 2018 and Crl.P.S.L.A. No. 2 of2018, decision Dated: 11-06-2018. Hearing Dated: 04-06-2018.
ATHAR MINALLAH, JUSTICE MIANGUL HASSAN AURANGZEB, JUSTICE
Petitioner(s) by: Raja Rizwan Abbasi, Sohail Akhtar, Naila Naureen and Raza Ali Shah
Respondent(s) by: Tariq Mahmood Jahangiri, Advocate General Islamabad

RAJA KHURRAM ALI KHAN AND ANOTHERVSTAYYABA BIBI AND ANOTHER

Law: Pakistan Penal Code, 1860

Section: 328A,337A(i),337-F(i),342,506(ii)

Law: Criminal Procedure Code (V of 1898)

Section: 154

(a) Penal Code (XLV of 1860)--- ----Ss. 328-A, 337-A(i), 337-F(i), 342, 506(ii)---Cruelty to a child, causing shajjah-i-khafifah, causing damiyah, wrongful confinement, criminal intimidation---Appreciation of evidence---Sentence, enhancement of---Allegation against the accused persons was that they had ill-treated/neglected a minor girl, who was working as a domestic servant at their house---Statements of prosecution witnesses showed that the minor was employed to look after the child of the accused persons and to work in the kitchen---Minor was, thus, exposed to the hazards of the kitchen such as fire, hot surface, sharp knives, toxic chemicals---Minor was not admitted in school and thus, her right to education was also denied---Admittedly, neither was the consent of minor girl sought nor was her engagement as a domestic worker governed under a contractual arrangement agreed at arm's length---No working hours were fixed nor was she paid the minimum wage determined by the State---Girl was engaged in domestic work and her responsibilities were of a nature which had exposed her to physical and psychological harm---Girl had no freedom of action and her life and liberty were completely in the control of accused persons as long as she worked as a domestic worker---Accused persons had paid a meagre amount of Rs. 18000/- to her father---Status of minor was not different from a child who was a victim of trafficking and had to endure degrading treatment of being a virtual modern day slave---Circumstances suggested that witnesses produced by prosecution were all independent and they had no reason to depose falsely---Despite being cross-examined, the veracity and truthfulness of depositions of witnesses could not be shaken---Investigating Officer had unambiguously deposed that when he picked up the girl from the house of the accused, she was in injured condition; she was taken to hospital and, pursuant to her medical examination, the injuries were confirmed in the Medico Legal Report---Medical Officer had confirmed that the injuries or the burn marks were not because of any fall but were caused by deliberate act---Accused persons in their statement recorded under S. 342,…
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