In its short order the bench held, "The reasons to be recorded later. The LHC decision is set aside and Sessions Court order convicting and sentencing the respondent (Shah Hussain) is maintained." "The respondent be taken into custody immediately and lodged in the jail to serve his remaining sentence," added the order.
The trial court has awarded Shah Hussain, the class fellow of Khadija, seven years sentence, while the Sessions Court has reduced it to five years. The appellant then approached the High Court, which had turned down the Sessions Court order and acquitted the attacker. Shah Hussain had remained in the jail only for 15 months.
Khadija Siddiqui was stabbed 23 times in Lahore in 2016. Siddiqui has accused Shah Hussain of attacking her on May 3, 2016, near Lahore's Shimla Hill where she along with her driver had gone to pick up her younger sister from school. Both the sisters were about to get into their car when a helmet-wearing Hussain allegedly attacked Siddiqui with a knife and stabbed her 23 times leaving her critically injured.
Khadija, her parents and friends were present in the court. They all lauded the decision of the apex court, while Shah Hussain and his father were disappointed.
Talking to media persons after the announcement of the short order, Khadija said, "The decision today proves that one has to pay for misusing one's powers. The truth can never be hidden, it always comes to light. And today's decision has proved if you misuse your powers, you will reap what you sow as has happened today." Police in pursuant of the order arrested Shah Hussain from the premises of the apex court. Dr Khalid Ranjha, representing the assailant, argued that for six days the victim (Khadija) did not take the name of his client and told police that a stranger boy attacked her with knife. She was viably stable at the time she reached the hospital, but for six days she did not name Shah Hussain as the attacker despite the fact Khadija knew him very well.
Dr Ranjha said the Lahore High Court giving benefit of doubt acquitted Shah Hussain, adding there were a number of the judgements of the apex court where the benefit of doubt had been given to the accused.
The Chief Justice questioned why the investigation officers in the case did not collect physical evidence. Justice Khosa inquired as to why there was no evidence collected from Khadija's car, stating that saying of the investigation officer that he saw blood was not enough evidence and that non-collection of evidence was a grave mistake.