| Citation(s) |
|---|
| 1992 SLG 520 1992 SLD 520 1992 SCMR 279 |
Supreme Appellate Court, Pakistan
Criminal Appeal No.8/SAC of 1991, decision dated: 19-10-1991(From the judgment dated 3-9-1991 passed by Special Judge, Special Court for Speedy Trial at Multan)
, JUSTICE NAIMUDDIN, CHAIRMAN, JUSTICES RAJA AFRASIAB KHAN AND RASHID AZIZ KHAN, MEMBERS
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Criminal Appeal No.8/SAC of 1991, decision dated: 19-10-1991(From the judgment dated 3-9-1991 passed by Special Judge, Special Court for Speedy Trial at Multan)
, JUSTICE NAIMUDDIN, CHAIRMAN, JUSTICES RAJA AFRASIAB KHAN AND RASHID AZIZ KHAN, MEMBERS
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THE STATE
MUHAMMAD AKHTAR
Law:
Section:
Penal Code (XLV of 1860)--S.354-A---Special Courts for Speedy Trials Ordinance (XXV of 1991), S.13---Appeal against acquittal---Appreciation of evidence---Trial Court after reviewing the entire prosecution evidence had rightly concluded that prosecution had failed to establish its case---Judgment of Trial Court neither suffered from any infirmity nor from any misreading or non-consideration of any material evidence---Appeal against acquittal of accused was dismissed in circumstances. JUDGMENT JUSTICE NAIMUDDIN (CHAIRMAN)---This acquittal appeal, under section 13 of the Special Courts for Speedy Trials Ordinance, 1991 (Ordinance XXV of 1991) is from the judgment dated 3-9-1991 passed by Mr. Justice (Retd.) Chaudhry Muhammad Shareef, Judge, Special Court for Speedy Trial, Multan, Dera Ghazi Khan and Bhawalpur Divisions at Multan. 2. The facts giving rise to this appeal are that Muhammad Akhtar was tried by the learned Special Judge under section 354-A, P.P.C., and acquitted by the judgment impugned in this appeal. 3. The prosecution case, briefly stated, was that Maqsood son of Saeeda Begum the complainant, had abducted the sister of the respondent/accused twice and was facing two separate abduction cases. In order to satisfy the sense of revenge the respondent was on the look out to outrage the modesty of Mst. Saeeda Begum. On 18th March, 1991 Mst. Saeeda Begum and her son Nadeem had gone to the Court of Assistant Commissioner, Jampur to meet Maqsood her son where she was also to serve her son with meals. At 4-30 p.m. in the area of Bhutta Colony when they were returning home, Mst. Saeeda Begum went ahead and her son went to bring vegetables, the respondent came in front of Mst. Saeeda Begum and grappled with and overpowered her and held her breasts. Mst. Saeeda Begum attempted to extricate herself from the clutches of the respondent. He tore her shirt and also removed her veil. At her alarm her son Nadeem and Naseem P.Ws. came there. The respondent ran away. 4. The husband of Mst. Saeeda Begum, who is a conductor in G.T.S., reached home late in the evening after performing his duty. Mst. Saeeda Begum narrated the incident to him and she went to the Police…
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