The SC acquits suspects in Mukhtaran Mai case

When crime took place in public and suspects were identify by eye witnesses thn how they were acquitted?

http://www.dawn.com/2011/04/21/supreme-court-upholds-lhc’s-verdict-in-mukhtaran-mai-case.html

Pakistan court acquits suspects in Mukhtaran Mai caseReuters (6 hours ago) Today

Human Rights organizations strongly condemned the Supreme Court’s verdict on the Mukhtaran Mai case. –Photo by AP

MULTAN: A Pakistani victim of a village council-sanctioned gang-rape, who became a symbol of the country’s oppressed women, said on Thursday her life was in danger after the Supreme Court acquitted 13 men accused of the crime.

Mukhtaran Mai was attacked on the orders of a village council in 2002 as a punishment because her brother – who was 12 at the time – was judged to have offended the honour of a powerful clan by allegedly having an affair with one of its women.

Mai was an illiterate villager at the time but she defied taboos and shot to global fame by speaking out about her ordeal and taking her attackers to court.

Mai had accused 14 men of being involved in raping her and in 2002, a court sentenced six of them to death while acquitting the others citing a lack of evidence.

But in an appeal, the Lahore High Court not only upheld the eight acquittals but also overturned five of the six convictions. The death penalty for the sixth man, Abdul Khaliq, was commuted to life in prison.

Mai appealed to the Supreme Court in 2005 but it rejected her appeal on Thursday, said Gohar Ali Shah, a lawyer for Mai.

“I’m disappointed. Why was I made to wait for five years if this decision was to be given?” a sobbing Mai told Reuters by telephone from her village in the eastern province of Punjab shortly after the court announced the decision.

“The accused can kill me and my family when they return home,” Mai said.

Her courage in defying centuries-old rural customs of repressing women won her human rights awards and made her a role model for many women in Pakistan.

She is running a school for girls in her village with donations from the government and supporters at home and abroad.

Mai said she would neither flee her village nor the country.

“Life and death are in the hands of Allah … I will not shut my school and other projects,” she said.

The group Human Rights Watch expressed dismay at the court decision, saying the attack on Mai was a “crime that took place in full public view and the perpetrators were publicly identified”.

“Today’s verdict by the Supreme Court of Pakistan on the Mukhtaran Mai case reflects poorly on the Supreme Court,” said Ali Dayan Hasan of the US-based rights group.

He said Human Rights Watch was particularly concerned about Mai’s safety and called upon on the government to ensure her protection.

“This is a setback for Mukhtaran Mai, the broader struggle to end violence against women and the cause of an independent, rights-respecting judiciary in Pakistan.”

Mai said the 14 men involved in her rape were: Faiz Bukhsh Mastoi, Ramzan Pachar, Ghulam Fareed Mastoi, Allah Ditta Mastoi, Hazoor Bakhsh, two men both named Fayyaz Hussain, Aslam, Nazar Hussain, Ghulam Qasim, Hafiz Rasool Bakhsh, Ghulam Hussain, Mohammad Khalil and Abdul Khaliq.

Re: The SC cquits suspects in Mukhtaran Mai case

I'm no lawyer but I wouldn't express an opinion on this judgment unless I knew the ins and outs of the detailed verdict. The court doesn't decide what you think is right.

Re: The SC cquits suspects in Mukhtaran Mai case

The judgement is an 86-page document that you can read at the link below.

http://www.supremecourt.gov.pk/web/user_files/File/Crl.P.163_to_171&S.M.C5_2005.pdf

Re: The SC cquits suspects in Mukhtaran Mai case

Looking very quickly through this, it appears that the main factor in the judgement is the lack of DNA evidence. The judges seemed to find the rest of the evidence to be weak, including witness statements that contained minor variations when describing the same incident.

The only reason why one man continues to be found guilty is apparently that he admitted it.

Mukhtaran Mai. SC aquitted the five charged for gang rape

Read it.
Will Mukhtaran Mai ever get justice?


In Urdu
http://www.dailypak.com/index.php?pag=detail&id=23697

Now I will appeal to Allah, says Mukhtaran Mai

Five of six men charged over a village council-sanctioned gang rape in Pakistan have been acquitted by the Supreme Court.

http://www.dailypak.com/uploads/23697_MukhtaraanMai.jpg

Re: Mukhtaran Mai. SC aquitted the five charged for gang rape

What else could we expect. There is no such thing as justice for a raped woman in the male-dominated Pakistani corrupted system.

I hope they rot in hell.

Re: Mukhtaran Mai. SC aquitted the five charged for gang rape

It says they did sentence the main culprit but let the rest of the gang go. Courts want proof and witnesses. Can't sentence anyone on the basis of a testimony alone. Collection, preservation and analysis of physical evidence as well as the chain of custody is what needs to improve in Pakistan. The courts did the best they could on the basis of whatever evidence was presented to them. I'm not saying it is fair that the monsters were let go, but we can't criticise the courts either... the police and forensic training (or the lack of) is to blame.

Re: Mukhtaran Mai. SC aquitted the five charged for gang rape

there is a similar thread in PA on that. Maybe we should merge.

Re: The SC cquits suspects in Mukhtaran Mai case

very sad indeed.

Re: The SC cquits suspects in Mukhtaran Mai case

Well courts have given tough times to authorities to do crapy investigation and reporting on first place.
Courts can only do so much when police etc haven’t done the job properly.

But again courts are aware of that and are taking care of it slowly.

Mukhtar mai is my personal hero :salute:

Re: The SC cquits suspects in Mukhtaran Mai case

Sad for Mukhtara mai but it does tell us how lacking our police is in investigations/witness testimonies etc.

Re: The SC cquits suspects in Mukhtaran Mai case

Only read a few pages so far but looks like the facts were different than reported in the media and i wonder if that could have adversly affected Mukhtaran’s case. I read earlier that the whole Punchayat had ordered to rape Mukhtaran Mai but the the document says that Punchayat did watta satta to settle the matter but when Mai’s family did not accept it the accused conspired to rape her.

Re: The SC cquits suspects in Mukhtaran Mai case

AMAZING... bewildered, confused to see this....

:(

the system is broken beyond repair....Allah's curse and wrath is the only thing to descend on such a system.

Re: The SC cquits suspects in Mukhtaran Mai case

Two years ago, I had read this article, by an eminent Lahore-based lawyer, that raised doubts about Mukhtaran Mai’s story.
Seems like the Court had many of the same doubts.

http://thenews.jang.com.pk/TodaysPrintDetail.aspx?ID=169833&Cat=9&dt=3/30/2009

Re: The SC cquits suspects in Mukhtaran Mai case

Also found this excerpt from a book by a foreign journalist that tells the accused’s sideof the story.

http://pakteahouse.net/2008/09/19/into-the-mirror-mukhtaran-mai/

Re: The SC cquits suspects in Mukhtaran Mai case

It must be that prosecutors could not prove the parties guilty beyond reasonable doubt. If court acquitted them then its not court's fault. Court would not pass a judgment under popular demand, court would pass a judgment based on what was presented in court in terms of arguments and evidence.

Re: The SC cquits suspects in Mukhtaran Mai case

Yes they have to see the law when a common man is victim.

Re: The SC cquits suspects in Mukhtaran Mai case

Are you suggesting that they should ignore the law because a common man is victim?

Re: The SC cquits suspects in Mukhtaran Mai case

No. I am suggesting them to apply the law on big ones too.

Re: The SC cquits suspects in Mukhtaran Mai case

that I cant argue with. But its a wishful thinking