Law: Constitution of Pakistan, 1973

Section: 203F

(a) Constitution of Pakistan (1973)--Art. 203-F--Leave to appeal, grant of--Identical questions involved--Leave to appeal granted because leave was granted for considering somewhat similar question arising in another case--Appeals ordered to be heard together. (b) Penal Code (XLV of 1860)-- ---Ss. 364-A & 377--Constitution of Pakistan (1973), Art. 203-F--Accused tried and convicted under Ss. 364-A & 377, P.P.C.--Acquittal of accused of charge under S. 364-A, P.P.C., challenged--Leave to appeal granted to consider question whether accused could be considered guilty of kidnapping in the circumstances of case. Criminal Petition No. 20-R(S) of 1988 ref. (c) Penal Code (XLV of 1860)-- ---Ss. 364-A & 377--Constitution of Pakistan (1973), Art. 203-F--Leave to appeal--Granted in a connected case--Effect of--Conviction under Ss. 364-A & 377, P.P.C.--On appeal conviction under S. 364-A, P.P.C. set aside--Order impugned both by complainant and convict--Since leave was granted to complainant to examine whether accused could be considered guilty of kidnapping, leave to appeal also granted in connected case to convict-petitioner-­Matters ordered to be heard together. S.M. Masood, Advocate Supreme; Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner (in Cr.P. No. 24-R(S) of 1988). Shahid Hussain Qadri, Advocate Supreme Court and Muhammad Aslam Ch., Advocate-on-Record for Respondent (in Cr. P. No. 24-R (S) of 1988). Ch. Sarfraz Ahmad, Advocate Supreme Court for the State (in Cr.P. 24-R(S) of 1988). Nemo for the State (in Cr.P. 46-R(S) of 1988) Date of hearing: 2nd August, 1988. ORDER NASIM HASAN SHAH, J.--This order will dispose of these two petitions as they arise out of the same incident. The facts forming the background are that Hassan Ijaz aged 8 years and his brother Hussain Ijaz aged 6 years were going towards the village mosque together to take their lesson of the Holy Quran. Muhammad Nadeem met them on the way and he told Hassan Ijaz that he would give him a bat if he came with him. The younger brother, Hussain Ijaz, started following them but Muhammad Nadeem asked him to go away and slapped him to dissuade him from following them.…

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