| Citation(s) |
|---|
| 1977 SLG 1894 1977 SLD 1894 1977 PCRLJ 70 |
Sindh High Court
Criminal Appeal No. 238 of 1974, 22nd April, 1976
ZAKAULLAH LODHI, J
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Criminal Appeal No. 238 of 1974, 22nd April, 1976
ZAKAULLAH LODHI, J
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Soomar
VS
The State
Law:
Section:
Keywords: Imprisonment, Delay, Recovery, Place, Revenue Record, Commission, Order, Conviction, Rape, Testimony, Custody, Prosecution, Defence, Survey, Evidence, Information, Punishment, Land, Quantum Of Punishment, Money, Examination Result: Order accordingly JUDGMENT The appellant was tried under section 376, P. P. C. By the learned Sessions Judge, Hyderabad, who vide his order dated 31st August 1971, con victed him and sentenced him to undergo rigorous imprisonment for eight years. This appeal has been fled by the appellant challenging his conviction, 2. The allegation against the appellant is that he raped Mst. Saeeda, a girl of tender age on 25th November 1972, at about 12 p.m. In the sugarcane cultivation of Yousuf Turk in Deh Nukarji, Taluka Tando Muhammad Khan, District Hyderabad. The report was lodged by the brother-in-law of the prosecutrix on the same day at about 1 3-15 hours in Police Station Tando Muhammad Khan, which is at a distance of 18 miles from the place of incident. The first information report was recorded by P. W. Rana Jangsher, A. S. I. Who repaired to the wardat and recorded the statements of the witnesses He secured blood-stained "shalwar" and a piece of cloth from Mst. Saeeda in the presence of P. Ws. Moti and Chibhar. These articles were sealed and a mashirnama was prepared which was signed by these mashirs. He then sent the victim Mst. Saeeda to Medical Officer, Tando Muhammad Khan for medical examination and treatment. On 26th November 1972, he recorded the statements of P. Ws. Saeed Khan and Muhammad Khan. He then went to the scene of offence on the same day at about 8 a.m., which was shown to him by P. W. Saeed Khan. It was situated in Deh Nukarji in the land of Yousuf Turk. There was sugarcane cultivation at the scene of offence. A mashirnama of the wardat was also prepared by him On 28th November 1972, at 9 a.m. He arrested the appellant at the police station where he had surrendered himself in the presence of mashirs Moti and Chibhar. A mashir nama of his arrest was also prepared. The appellant was sent for medical examination and report to the Medical Officer at Tando Muhammad Khan. On 29th August 1972, at 3 p.m. The…
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