ISLAMABAD, Jan 31: The Supreme Court on Thursday ordered that Qari Mohammad Sharif, an Imam of a mosque, who had brutalized his wife, Zainab Noor, should be lodged in jail for 20 years.
“We convict the accused Mohammad Sharif on two counts under sections 334 and 336 PPC and sentence him to 10 years’ rigorous imprisonment on each count. The accused shall be taken into custody forthwith to serve the sentence imposed upon him,” Justice Tanvir Ahmad Khan, writing for three judges’ bench, ordered.
Qari Sharif had destroyed three vital organs of his wife by inserting iron rods (saria) into her private parts and giving electric shocks.
Accepting the appeal of Ms Zainab Noor that the punishment of her former husband should be enhanced, the court ruled that the LHC had misread the evidence brought on record by the prosecution.
The court dismissed the appeal of Qari Sharif that he should be acquitted as he was innocent. Qari Sharif had taken the plea that his wife suffered burns after she fell on a burning stove.
“The accused caused two separate injuries by putting two different rods in her private parts which had permanently impaired her three vital organs, namely anus, vagina and urinary bladder,” the court observed.
The LHC, while reducing the punishment, had held that injuries were caused with one transaction. The Supreme Court held: “The LHC judges were wrong in holding that these organs had been damaged as a result of one injury in a single transaction.”
Qari Sharif was convicted by the Suppression of Terrorist Activities Court on Feb 19, 1994, and was ordered to undergo 30 years’ imprisonment — 10 years’ punishment on each count.
The sentence was to run consecutively, meaning that the convict would have to remain in jail for 30 years. In addition, the convict was also required to pay Rs210,000 as Diyat for coming out of prison.
Ms Zainab has been permanently carrying urinary bag after her treatment in London on government expense.
The Lahore High Court, on the appeal of Qari Sharif, had reduced the sentence and ordered that his imprisonment would run concurrently and not consecutively, reducing the period of 30 years to 10 years.
Qari Sharif, however, came out after spending six years in jail, as he was given remissions in the sentence by the jail authorities, in violation of court order which denied him any benefit under Section 382 of CrPC.
Under this section, the prisoners are given remissions as provided in the jail manuals and general amnesty given by the executive functionaries from time to time.
The Supreme Court, in its judgment, observed that the injuries and the manner in which they were caused could not have been comprehended/visualized by the legislature, that was why appropriate sentence had not been provided in the law for such barbaric acts.
Advocate Rab Nawaz Noon, counsel for Zainab Noor, had asked the court to enhance the punishment as the convict did not deserve to be dealt with leniently and the STA judgment of running his punishment consecutively should be restored.
Qari Sharif, a Hafiz-i-Quran, after remaining in jail for over six years, is out of jail and is reportedly preaching religion with Tableeghi Jamaat. His Rs630,000 Diyat to the victim was paid by Qarshi Foundation, on the recommendation of the jail authorities.
