MULTAN: The trial court hearing the murder case of Qandeel Baloch disallowed on Thursday for the time being an application of the social media celebrity’s parents, wherein they had forgiven their sons, charged with killing their daughter.
Additional District and Sessions Judge Imran Shafi said in the order that the question before the court was that either the murder of Fouzia Azeem alias Qandeel Baloch was the result of honour killing or not, and the legal heirs/ parents of the deceased could be allowed to enter into partial compromise to the extent of their sons.
Qandeel was killed by her brother Waseem on July 15, 2016 and at that time the parents were demanding punishment for the accused. However, last Wednesday, they filed an application forgiving their two sons—Waseem and Aslam Shaheen—in the murder case. Their application came up for hearing before Model Court Judge Imran Shafi.
The judge remarked 19 witnesses had recorded their statements, while the statement of accused Waseem was also on record under Section 164 CrPC.Therefore, at that stage, the court could not reach the conclusion that murder of Qandeel was an honour killing, as claimed by the prosecution, the Judge said.So, for the time being, the application under Section 345(2) CrPC for compounding of offence to the extent of accused Waseem and Aslam Shaheen was not allowed, the judge added.
The judge also mentioned another point, raised by the defence counsel, that Section 311
PPC was not made out in the case. The relevant amendment through which the section was inserted in the PPC was made after registration of FIR and it had no retrospective effect.
Section 311 PPC was incorporated to prevent the complainants from entering into a compromise with the accused and to make the offence non-compoundable. The judge observed: “This question will be determined at the time of conclusion of trial as the amendment to the charge can be made at any stage, even at the time of announcement of judgement and further presence and absence of Section 311 PPC in charge-sheet will not prejudice the main case registered under Section 302, 109/34 PPC.
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