PESHAWAR: A single-member Peshawar High Court bench on Friday rejected the bail plea of a man accused of torturing his eight-year-old son to death and trying to kill his minor daughter in Swabi district more than a year ago.
Justice Mohammad Naeem Anwar pronounced that petitioner Izzatullah didn’t deserve to be extended the concession of bail.
The bench also heard the 11-years-old girl, who explained how her father first killed her brother by severely hitting him with sticks and then attempted to kill her but she escaped.
The girl was present in the court along with her counsel, Mehwish Muhib Kakakhel, who contended that the petitioner had killed his son in a brutal manner and attempted to kill his daughter, so he didn’t deserve to be freed on bail.
Swabi resident also accused of trying to kill daughter
The complainant in the case is the petitioner’s brother, Mustaqeem, who told the bench that he did not want to pursue the case and wanted to withdraw it.
Mehwish Muhib Kakakhel contended that the petitioner was directly charged in the FIR that he had killed his son in cold blood and attacked his daughter who was also grievously hurt, but, due escaped death due to a miracle.
She argued that it was the duty of the state to prosecute heinous offences especially against children even when a compromise was made between the parties.
The lawyer said the post mortem and other reports were in line with the FIR.
After the arguments the Judge asked the surviving child, who was carrying torture marks on her body, about what had happened.
The visibly scared minor child hesitated, therefore, the judge called her up to the bench and ensured her of safety and asked her, upon which she narrated the whole story.
She told the judge that her father killed her younger brother, Zeeshan, in front of her by sticks and when he died, her father attempted to kill her by sticks but she succeeded in escaping the attempt. However, her legs were hurt and burnt due to the attempt.
The FIR of the incident was registered at the Topi police station in Swabi district on Jun 29, 2019, on the complaint of a paternal uncle of the children, Mustaqeem.
The complainant had said he had gone to attend marriage ceremony of a cousin when he received information that his nephew had died whereas his niece had received injuries.
He said he rushed back home and found out that his brother, Izzatullah, had killed the minor boy whereas his niece had received injuries and had survived.
Mother of the children is not alive. The motive for the murder was not clear but prosecution claimed that the petitioner had committed the offence due to domestic disputes with his another brother (not complainant) and his sister-in-law and in a fit of anger he had attacked his children.
Published in Dawn, January 16th, 2021
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