Case Details

Citation(s)
2015 SLG 2922 2015 SLD 2922 2015 PCRLJ 1443
Lahore High Court
Criminal Appeal Nos. 2019 of 2012 and 267 of 2013, heard on 25th April, 2014.
MISS AALIA NEELUM, J
Muhammad Afzal Shad for Appellants. Saeed Ahmed Sheikh, Addl. Prosecutor General for the State. Mian Muzaffar Hussain for the Complainant.

MUHAMMAD AKMAL and others

VS

The STATE and others

Law:

Section:

Penal Code (XLV of 1860)--- ----S. 376---Rape---Appreciation of evidence---Incident was promptly lodged to the Police---Victim, a minor, in her statement had fully implicated accused in the commission of alleged offence---Statement of victim was fully corroborated by medical evidence---No evidence had come on record to indicate that previously the complainant had animus against accused to implicate him falsely in the case---Defence had failed to prove previous ill-will or party friction to falsely involve accused in the case---Accused had failed to show any misreading, non-appraisal of evidence or illegality in the impugned ---Case against accused stood proved beyond any shadow of reasonable doubt---Accused had been rightly convicted and sentenced under S.376, P.P.C. for a period of ten years' R.I.---Same was maintained---Commission of offence in question was not more than an act of mere juvenile delinquency and accused had no previous criminal record of involvement in any case of such like nature---Since accused was not a habitual offender chance of his rehabilitation could not be ruled out---Trial Court while taking a lenient view had already inflicted minimum sentence of ten years with fine of Rs.30,000 to accused. JUDGMENT MISS AALIA NEELUM, J.---Muhammad Akmal son of Hameed Ali, Caste, Muslim Sheikh, resident of Chak No.400 G.B. Tehsil Tandlianwala, District, Faisalabad being involved in case FIR No.294, dated 12-5-2011, offence under section 376, P.P.C., registered at Police Station, Saddar Tandlianwala, District, Faisalabad was tried by Muhammad Saleem, Additional Sessions Judge, Tandlianwala District, Faisalabad. The learned trial Court seized with the matter in terms of judgment dated 5-12-2012 while convicting the appellant under section 376, P.P.C. and sentenced him to ten years Rigorous Imprisonment along with fine of Rs.30,000 and in case of default thereof, further undergo three months' S.I. The benefit of section 382-B, Cr.P.C. was also extended in favour of appellant. 2. Feeling aggrieved by the judgment of the learned trial court, Muhammad Akmal-appellant has assailed his conviction through filing Criminal Appeal No.2019 of 2012 whereas Khalid…
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