Law:

Section:

Penal Code (XLV of 1860)---Ss.170 & 171--Constitution of Pakistan (1973), Art. 185(3)--Accused was apprehended at the spot wearing the uniform of an A.S.I although he was merely a foot constable--Offence a grave one--Uniform was taken into possession by the Investigating Officer who came to the spot--Investigating Officer was not inimical to the accused--Leave to appeal refused. JUDGMENT GHULAM MUJADDID, J.--Petitioner Muhammad Aslam seeks leave to appeal against the judgment of the Lahore High Court, dated 4-4-1988. Muhammad Siddique complainant and his nephew Khalilur Rehman resided in Ittehad Colony Samanabad, Lahore. Originally they belonged to Chak No.65-L, Police Station Burjwala Sahiwal. One Mst. Kanizan resident of the same Chak worked as maid servant in the house of Khalilur Rehman. A month before the alleged occurrence Mst. Kanizan was taken back to her village by her mother. Subsequently she came to Lahore in the office of a newspaper. From there she was sent to Darul Aman. Later on she was brought back to the house of Khalilur Rehman by her mother. On 30-7-1987 at 5 a.m., petitioner Muhammad Aslam alongwith Muhammad Akram and Zafar lqbal co-accused came in a car. They raided the house of Muhammad Siddique and Khalilur Rehman. Muhammad Aslam was wearing the uniform of an A.S.I. of police. He introduced himself as such. Muhammad Akram and Zafar lqbal were also in police uniform. Muhammad Aslam told Muhammad Siddique that a case of abduction had been registered against him and his nephew Khalilur Rehman and that he had to arrest them. The petitioner then said that Muhammad Siddique could be let off if he paid some money. The petitioner sat in the drawing room of Muhammad Siddique who told his friends and Mohalladars and he started to arrange for the money. Residents of the locality gathered. Muhammad Aslam became nervous. That was noticed by all present. Muhammad Siddique also suspected about the conduct of the petitioner. He rang up C.I.A. and enquired if any case of abduction had been registered against him. He was told, "No". Accordingly Muhammad Siddique and others apprehended Muhammad Aslam. He was still in the uniform of an A.S.I. In the…

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