IHC
ISLAMABAD: The Islamabad High Court (IHC) has overturned the 25-year rigorous imprisonment sentence handed to Shehzad alias Shani, who was convicted of the murder of a woman, Sonia, for rejecting his marriage proposal.
The IHC’s Justice Mohsin Akhtar Kayani remanded the case to the trial court for a retrial, instructing the court to provide a clear explanation for not awarding the death penalty to the convict.
The IHC expressed concern over significant lapses in the trial court’s judgment, particularly its failure to justify why the death penalty was not imposed despite the premeditated nature of the crime.
The court noted that, under normal circumstances, murder convictions typically result in a death sentence, with life imprisonment being a possibility only in exceptional cases.
The IHC found that the trial court’s decision to sentence Shehzad under Section 302(c) of the Pakistan Penal Code was unjustified as it lacked sufficient reasoning and failed to adhere to established legal frameworks.
Justice Kayani emphasized that leniency in awarding death penalties should not be granted on weak grounds. He pointed out that the trial court had ignored critical legal considerations and relied on inconsistencies in the timeline of events to justify a reduced sentence.
In light of these concerns, the IHC has ordered the trial court to re-evaluate the case, hear arguments from both sides, and issue a reasoned judgment within 45 days.
Additionally, the trial court must address why the death penalty was not imposed and reassess the evidence according to the law.
The case dates back to November 30, 2020, when Shehzad shot Sonia in the head after she rejected his marriage proposal.
Sonia’s family had claimed that Shehzad had been stalking her for several months, sending her a marriage proposal, and threatening to kill her and her father after the rejection.
On September 30, 2023, an additional sessions judge sentenced Shehzad to life imprisonment, which has now been overturned by the IHC for a retrial.
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