Case Details

Citation(s)
2014 SLG 2409 2014 SLD 2409 2014 PCRLJ 504
Sindh High Court
Criminal Jail Appeal No. S-105 of 2004, decided on 31st May, 2013. dates of hearing: 30th and 31st January of 2013
NADEEM AKHTAR, J
Ms. Nasira Shaikh for Appellant. Shahzado Saleem Nahyoon, A.P.G. for the State

MUHAMMAD AMIN

VS

The STATE

Law:

Section:

Penal Code (XLV of 1860)-------S. 302(b)---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Qatl-e-amd---Appreciation of evidence---Prosecution case---Onus to prove---Accused was convicted by Trial Court for committing murder of 7 years old young girl and was sentenced to imprisonment for life---Allegations by prosecution to the effect that accused had taken deceased with him on the date, time and at the place of incident; he alone was present with her when incident happened; and he was found with her by eyewitnesses, not only remained un-rebutted but such facts/allegations also stood admitted before Trial Court---Burden to prove such facts/allegations was on prosecution and the same stood proved---No contradiction was noticed in evidence of complainant and other eyewitnesses, as all of them testified that when they reached at the place of incident after hearing cries of deceased girl, they had found accused sitting on the chest of deceased with both his hands around her neck and he was strangulating her---More than sufficient and unchallenged ocular and medical evidence existed against accused before Trial Court to convict him for murder of minor girl and case against him was proved beyond any shadow of doubt---Findings of Trial Court were based on sound reasoning and correct and proper appreciation of evidence on record---High Court declined to interfere in passed by Trial Court as the Court had already taken a lenient view by not awarding sentence of death to accused---Appeal was dismissed in circumstances. Shahzad Tanveer v. The State 2012 SCMR 172; Gul Muhammad v. The State 1972 SCMR 435; Ghulam Mohi-ud-Din v. The State 1993 PCr.LJ 1849; Ghulam Nabi and 2 others v. The State 2009 MLD 49; Muhammad Ramzan and another v. The State 2009 PCr.LJ 553; Omer v. The State 2009 PCr.LJ 1119; Muhammad Aslam v. The State 2008 YLR 1608; Allah Ditta v. The State 2006 PCr.LJ 84; Muhammad Pervaiz v. The State 2006 PCr.LJ 221; Sobho and 2 others v. The State PLD 2004 Kar. 8; Jamshed alias Jammi v. The State and others 2004 PCr.LJ 1239; Arfan Ali v. The State 2003 YLR 1054; Abdul Sattar and others v. The State 2002 PCr.LJ 51 and Pir Jan and another v. The State 1997…
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