| Citation(s) |
|---|
| 2011 SLG 1153 2011 SLD 1153 2011 YLR 1250 |
Sindh High Court
Special Criminal A.T.As. Nos. 28, 29 and Confirmation CaseNo. 3 of 2009, decision Dated: 30-07-2010. Hearing Dated:13th, 14th and 15th July, 2010.
SHAHID ANWAR BAJWA, JUSTICE IRFAN SAADAT KHAN, JUSTICE
Petitioner(s) by: Abdul Wahab Baloch
Respondent(s) by: Imtiaz Ahmed Jilbani, A.P.G.
Special Criminal A.T.As. Nos. 28, 29 and Confirmation CaseNo. 3 of 2009, decision Dated: 30-07-2010. Hearing Dated:13th, 14th and 15th July, 2010.
SHAHID ANWAR BAJWA, JUSTICE IRFAN SAADAT KHAN, JUSTICE
Petitioner(s) by: Abdul Wahab Baloch
Respondent(s) by: Imtiaz Ahmed Jilbani, A.P.G.
NOOR MUHAMMAD AND ANOTHERVS THE STATE
Law: Pakistan Penal Code, 1860
Section: 34,302(b),376
Law: Police Rules, 1934
Section: R.24.5(c)
Law: Anti Terrorism Act, 1997
Section: 7(a),19
Law: Criminal Procedure Code (V of 1898)
Section: 154,161,164,342,540
(a) Penal Code (XLV of 1860)--- ----Ss.302(b)/34 & 376/34---Qatl-e-amd, rape---Appreciation of evidence---Baby child aged 3/4 years, daughter of complainant, went missing and she was not found---Prosecution case rested on circumstantial evidence-Extra-judicial confession made by the accused at the spur of the moment could not be brushed aside merely being such confession and it could be used as a corroborative piece of evidence, where it would lead to the discovery of substantive, critical and direct evidence, such as discovery of corpus delicti---Registration of F.I.R. by police after recovery of the dead body of the child had caused no injustice, nor had made the prosecution story doubtful---Medical evidence that the baby girl was brutally sexually assaulted and she died as a consequence thereof, had gone unchallenged-Unimpeachable evidence had proved on record that accused had led the police to a particular spot near a graveyard and from the gutter he recovered a bug containing the dead body of the missing baby girl-'-Prosecution, thus, had proved its case against accused without any doubt---Sentence awarded to accused was commensurate with the crime committed by him---Appeal was dismissed in circumstances. Imran Ashraf and 7 others v. The State 2001 SCMR 424; Akhtar Ali and others v. The State 2008 SCMR 6; Sanaullah and 3 others v. The State 1999 YLR 815; Muhammad Yameen alias Raja v. The State and others 2009 SCMR 84; 2001 SCMR 434; Dhani Bakhsh and another v. The State 2006 PCr.LJ 1671; Mst. Irshad Bibi v. Iftikhar and others 2008 SCMR 841; Abdul Mateen v. Sahib Khan and others PLD 2006 SC 538; Syed Hashim Ali v. The State 2006 PCr.LJ 1576; Allah Bux Laghari v. The State and others 1993 PCr.LJ 408; Javid Rashid v. The State PLD 1992 Lah. 243; Phalla Masih v. The State PLD 1989 FSC 72; Fayyaz Ahmed v. The State 2008 PCr.LJ 805; Arshad Ali v. The State PLD 2004 Kar. 602; Jawed Ahmed Siddiqui v. The State 2000 PCr.LJ 1721; Muhammad Ashraf Khan Tareen v. The State 1995 PCr.LJ 313; Babu Ram and another v. State of U.P. and others 2002 (5) Supreme 236 (Supreme Court of India); Sabz Ali v. The State 1985 PCr.LJ 437; Jahana and another v. The State 1985…
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