Law:

Section:

(a) Penal Code (XLV of 1860)--Ss. 302 & 377---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 12--- Appreciation of evidence---Evidence or last seen together and of extra-judicial confession had been furnished by independent and disinterested witnesses who had no motive to falsely implicate accused---Said evidence was corroborated by medical evidence and recovery of dead body of the victim at the instance of ,accused---Defence plea has no substance---No hypothesis consistent with innocence of accused could be suggested from the facts proved on record---No mitigating circumstance was available in favour of accused-- -Convictions and sentences of accused were maintained in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302---Extra judicial confession is no evidence in a case punishable with death as Qisas. (c) Confession--- ---- In a case punishable with death as Qisas extra judicial confession, held was no evidence. JUDGMENT JUSTICE MUHAMMAD RAFIQ TARAR (CHAIRMAN).--­Khubaib Ahmed, (25/26) son of Abdul Qadir, resident of village Jhalari, Police. Station Jatoi, District Muzaffargarh, was tried by the learned Judge, Special Court for Speedy Trials, Multan, under section 364-A/377/302, P.P.C. and section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 on the allegation that on 19-9-1991 he abducted Mst. Farhat Mai, aged six years, and after subjecting her to his unnatural lust stragulated her to death. By judgment dated 4-11-1991 he was convicted and sentenced to R.I. for 25 years and 30 stripes under section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, imprisonment for life and a fine of Rs. 50,000 under section 377, P.P.C. In default of payment of fine he was ordered to suffer further R.1. for six months. Under section 302, P.P.C. he was sentenced to death to be hanged by the neck till he be dead. He has challenged his conviction and sentence through this appeal. 2. The brief facts of the prosecution case are that on the morning of 19-9-1991, Mst. Farhat Mai, aged six years, went to the house of Ghulam Yaseen for learning the Holy Qur'an whereafter she did not return home. Her father Manzoor…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492