Kidnap-murder of Daniel Pearl: SHC overturns death sentence of Omar Sheikh

Sindh High Court (SHC) on Thursday commuted the death sentence of Omar Ahmed Sheikh, the main accused in kidnapping and murdering of American journalist Daniel Pearl and acquitted three co-accused by setting aside the life-imprisonment awarded by anti-terrorism court.
Omar Ahmed Sheikh was sentenced to death for kidnapping and murdering the journalist and his three accomplices - Fahad Naseem, Syed Salman Saqib and Sheikh Muhammad Adil - were sentenced to life imprisonment with a fine of Rs.500,000 each by Hyderabad Anti-Terrorism Court (ATC) on July 15, 2002.
The convicts had filed appeals in high court in 2002 for setting aside the verdict of accountability court whereas the state also filed seeking enhancement of the three co-accused' life imprisonment to death sentence.
The SHC bench headed by Justice K K Agha reserved the judgment earlier last month in the appeals of four convicts against the judgment of anti-terrorism court in the kidnapping and murder case of American journalist Daniel Peral after hearing the arguments of appellant and state counsel.
The SHC bench commuted the death sentence of Sheikh to seven year sentence for kidnapping the journalist. No evidence has been brought on record by prosecution to link any of the appellants to the murder of Pearl and as such all of them are acquitted of murder u/s302 PPC.
The SHC judgment states, "The appeals are allowed and the impugned judgment is set aside as slightly modified in that all the appellants are acquitted of all charges except appellant Omar Ahmed Sheikh who is only convicted under S.362 PPC and as such is sentenced to 7 years RI and a fine of RS 2,000,000 (Rs two million) which shall be paid to the widow of Daniel Pearl and also to his orphan son and in the event that such fine is not paid he shall serve a further 2 years RI".
In the detailed order, the court observed that it a golden principle of criminal jurisprudence that prosecution must prove its case against the accused beyond a reasonable doubt and that the benefit of doubt must go to the accused by way of right as opposed to concession.
The court noted that in many key aspects of the prosecution case as discussed in this judgment there is doubt which must go to the benefit of the appellants which have led us to the findings which we have reached in this judgment.
Court stated that Since S.362 PPC would not fall within the purview of the ATA as there was no design, object or purpose to cause terror by such act the provisions of the ATA will not apply and as such the appellant Omar Ahmed Sheikh will be entitled to remission in accordance with law.