| Citation(s) |
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| 2024 SLG 6460 2024 SLD 6460 = 2024 YLR 1090 |
Federal Shariat Court
Criminal Appeal No. 04-I of 2022, decided on 7th December, 2023.
Before Dr. Syed Muhammad Anwer, J
Ihsan Ullah for Appellant. Muhammad Farooq Sulehria for
Respondents. Anees Muhammad Shahzad, State Counsel on behalf of Advocate General, K.P. for the State
Criminal Appeal No. 04-I of 2022, decided on 7th December, 2023.
Before Dr. Syed Muhammad Anwer, J
Ihsan Ullah for Appellant. Muhammad Farooq Sulehria for
Respondents. Anees Muhammad Shahzad, State Counsel on behalf of Advocate General, K.P. for the State
ABDUL MOEEN---Appellant
VERSUS
The STATE through Additional Advocate General and others---Respondents
Law: Penal Code (XLV of 1860)
Section: 324,450,334,148,149
Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979
Section: VII,18
(a) Penal Code (XLV of 1860)-------Ss. 324, 450, 334, 148 & 149---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.18---Attempt to commit qatl-i-amd, house-trespass in order to commit offence punishable with imprisonment for life, itlaf-i-udw, rioting with deadly weapons, unlawful assembly, attempt to commit offence of zina--Appreciation of evidence---Victim as star witness---Accused was charged that he along with his co-accused persons abducted the sister of the complainant to contract marriage against her will, however, when she resisted, the accused opened fire at her, as a result whereof she received injuries on both of her arms---In the instant case the victim/injured was the star witness, hence her sole evidence was enough to prove the case of the prosecution beyond any doubt---Statement of the victim, which was supported by the medical evidence as well as by the statements of eyewitnesses, was enough to prove the case of the prosecution---In this case, the sole statement of the victim was trustworthy and confidence inspiring along with the statements of the eye-witnesses, hence same was enough to maintain the conviction of the accused---Appeal was dismissed, in circumstances.Khalid Mehmood alias Khaloo v. The State 2022 SCMR 1148 ref.(b) Penal Code (XLV of 1860)-------Ss. 324, 450, 334, 148 & 149---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.18---Attempt to commit qatl-i-amd, house-trespass in order to commit offence punishable with imprisonment for life, itlaf-i-udw, rioting with deadly weapon, unlawful assembly, attempt to commit offence of zina--Appreciation of evidence--- Medical evidence---Irregularities--- Not consequential--Accused was charged that he along with his co-accused persons abducted the sister of the complainant to contract marriage against her will, however, when she resisted, the accused opened fire at her, as a result whereof she received injuries on both of her arms--- Accused pointed out certain irregularities in Medico-Legal Certificate, like the name of the victim and date of examination by the Medical Officer were not written in the…