Law: Pakistan Penal Code, 1860

Section: 324,336,448

Penal Code (XLV of 1860)--- ----Ss. 324, 336 & 448---Qatl-i-amd, itlaf-i-salahiyyat-i-udw, house trespass---Reappraisal of evidence---Throwing corrosive substance on victim's face---Accused lived in the same neighbourhood with a joint terrace---Accused being a next-door neighbour, question of his identification by the victim could not be viewed with suspicion---Victim in her prime youth, and horrendously mutilated, was not expected to swap the accused with the real offender---Victim had been straightforward and confidence inspiring in her deposition, joined by other family members to firmly stand in her support to rule out conspiracy theories---Courts below had rightly appraised prosecution evidence while being in consonance with the principles of safe administration of criminal justice---Conviction and sentences awarded to accused by courts below for the offences of murderous assault, itlaf-i-salahiyyat-i-udw, and house trespass were maintained---Jail petition was dismissed accordingly. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Mst. Shakila Rafique (PW-3) was still asleep in her room alongside her daughter; it was a winter morning and at about 5/5:15 a.m., she was awakened by an entry in the room, assuming that of her husband; all of a sudden, she screamed after feeling some liquid spilling over her face, she sprang up to identify the appellant in the room; the family was attracted including her husband Muhammad Rafique (PW-1); her face was washed and thereafter rushed to Pakistan Institute of Medical Sciences. Dr. Farrukh Kamal (PW-5) attended the prosecutrix with burn injuries. According to the complainant, the petitioner resided in the neighbourhood with a questionable conduct to the annoyance of the residents, on whose behalf, he had moved an application to the Inspector General of Police. It is alleged that in the above backdrop, he selected complainant's wife as a target to avenge the insult. Upon indictment, the petitioner claimed trial, culminating into his conviction on the counts of murderous assault as well as Itlaf-i-Salahiyyat-i-Udw, he was sentenced to 10-years rigorous imprisonment along with payment of fine as well as…

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