Law: Criminal Procedure Code (V of 1898)

Section: 439

(a) Criminal Procedure Code (V of 1898) S, 439 Revision (criminal)Evidence, appreciation ofStatements of complainant and her daughter, subject of assault, fully corroborated by witnesses, having no animosity against accused nor under influence of complainantConviction of accused assailed on ground of delay of 2 days in lodging report but such delay properly explainedMere delay ire lodging F. I. R. per se, held not sufficient to throw out charge off hand and such delay at best a suspicious circumstance in prosecution case to put Court on its guard in appraisal of evidence Conviction maintained in circumstances.[13elayl. (b) Criminal Procedure Code (V of 1898) S. 439 Revision (Criminal)Sentence, reduction inLong delay of 13 years in hearing and disposal of petition in revision, WA confers impurity on petitioners for serving unexpired portion of their sentencesSentence reduced to 6 weeks' imprisonment already undergone, in circumstance.[DelaySentence]. Date of hearing ; 22nd April, 1980.                                                                                                                   JUDGEMENT Shahu (30) and Hassan (18) caste Waseer, both residents of village Wallianwali (Chak No. 537) within the area of Police Station, Chuharkana, District Sheikhupura were sent up for trial before Mr. Masood Ansari, Magistrate II Class, Sheikhupura for the offence under section 354, Pakistan Penal Code on the allegation that they had on 16th March 1966, at about 1011 am. assaulted or used criminal force to Mst. Hayat Bibi (P. W. 4X with the intention to outrage her modesty. At the conclusion of trial both accused were pronounced guilty and sentenced to rigorous imprisonment for six months each. Aggrieved by the judgment of learned trial Magistrate, the accused appealed before learned District Magistrate, Sheikhupura under section 407, Criminal Procedure Code which was heard and…