Law:

Section:

Penal Code (XLV of 1860)---Ss. 302(b), 367-A, 377 & 336---Qatl-e-amd, kidnapping or abducting in order to subject a person to unnatural lust, sodomy, Itlaf-i-Salahiyyat-i-Udw---Appreciation of evidence---Matter was reported to the Police with sufficient promptitude without deliberation or consultation by the complainant---Both prosecution witnesses had sufficiently explained the mode and manner of the occurrence, place of occurrence, locale of injury sustained by the deceased---Prosecution witnesses had stated before the court that it was only the accused who first committed sodomy with the deceased, cut his penis, and then throttled him to conceal evidence against him and that only the accused was responsible for committing qatl-e-amd of the deceased---Said witnesses remained consistent on all material aspects and successfully given answers to all questions raised by defence in cross-examination---Presence of prosecution witnesses at the place of occurrence at the relevant time was proved from trustworthy and reliable evidence---Parties to the case were resident of same locality, and being known to each other, there was no question of mistaken identity of accused---Alleged improvements in the statements of eye-witnesses, had no vital effect on the case of prosecution, because accused had duly been witnessed by them pressing the throat of the deceased---Both the eye-witnesses had described each and every circumstance, which they had seen at the place of occurrence; and they exaggerated the matter to take any benefit---Prosecution had proved the ocular account through sound, cogent, trustworthy and confidence inspiring eye-witness account---Medical evidence was absolutely in-line with the ocular account---Post-mortem examination report, had fully corroborated the ocular account---Act of sodomy had also been established from the report of Chemical Examiner, which was positive---Mere delay in conducting post-mortem examination of the deceased, would not by itself demolish the whole structure of evidence---Medical evidence, in circumstances, had provided full support to the ocular account---Report of Serologist showed that chhuri allegedly recovered on the…

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