Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pakistan Penal Code, 1860

Section: 5.364A

Constitution of Pakistan (1973)--Art.185(3)--Penal Code (XLV of 1860), 5.364-A--Death sentence-­Conviction for kidnapping minor girl--Age of girl and intention of accused not determined--Prosecution allegedly withholding a particular aspect of case from Court--Leave to appeal granted to re-examine evidence and consider question of sentence in circumstances of case.-[Evidence-­Sentence] ORDER MUHAMMAD AFZAL ZULLAH, J.--This jail petition for leave to appeal is directed against judgment dated 27th October, 1981 of the Lahore High Court; whereby petitioner's appeal against conviction and sentence of death in a case under section 364-A, P.P.C., was dismissed. The prosecution case as contained in the statement of Mst. Tasneem Hafeez P.W. who is also the victim is as follows:-- "At about 8.00 p.m. I alongwith my brother Majid Hafiz went out to fetch Pan from the shop of Rafique Pan Wala. My mother had sent me to fetch the Pan. I purchased Pan from Rafique Pan Wala, and put the same in the Dabbi. Then, we both started towards house. We had gone only few paces from the Rafique Pan Wala's shop, when the accused, present before the Court, caught from my arm and asked me to accompany him. On my refusal, he put his hand on my mouth and forcibly carried me in his arms. My brother while crying started for our house. The accused then ran while carrying me in his hand arm and had gone upto the clinic of Begum Dr. Usmani and then he turned into a lane at the end of which there was ,a mosque. He then returned while carrying me in his arm and when he came on the main road, my father and two other persons came there, and they apprehended the accused. My mother meanwhile had also reached there. My father then took me and the accused present before the Court to a Police Station Kootvali, two other persons also accompanied us." The above reproduced deposition was supported in material particulars by other witnesses including Rana Abdul Hafiz father of the minor girl. Amongst items of evidence, the recovery of Chappal P.3 belonging to the petitioner made by the police was also led against the petitioner at the trial. In face of the evidence of abduction as also recovery of the victim…

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