Case Details

Citation(s)
1995 SLG 373 1995 SLD 373 1995 SCMR 1495
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 16(S) of 1995, decided on 18th April, 1995.
MUHAMMAD MUNIR KHAN, MIR HAZAR KHAN KHOSO AND MAULANA MUHAMMAD TAQI USMANI, JJ
Ch. Muhammad Wasi. Zafar and J.V. Gardner, Advocates and Abul AasimJaferi Advocate on Record (absent) for Petitioner. Nemo for the State.

WAHEED alias GOGI

VS

THE STATE --Respondents

Law: Constitution of Pakistan, 1973

Section: 203F(2B)

Criminal Appeal No. 345/L of 1994). S. 10(3)/18 Constitution of Pakistan (1973), Art. 203E (2B) Neither the evidence furnished by the victim and the eye witnesses nor the of Federal Shariat Court maintaining the conviction and sentence awarded to accused by Trial Court, suffered from any infirmity Delay in the F.I.R. had been explained Leave to appeal was refused in circumstances.  ORDER MUHAMMAD MUNIR KHAN, J.This petition for leave to appeal arises from the facts that Waheed alias Gogi was tried by the Additional Sessions Jud4e, Chichawatni, for attempt to commit Zina bil Jabr with Rabia Iram aged five years on 5 1 1994 in his Baithak situate in Ward No.16, Gau Shala, Chichawatni, who, vide his judgment dated 1 12 1994 convicted him under section 18/10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and sentenced him to three years’ R.I. and fifteen stripes. The appeal filed by the petitioner against his conviction and sentence was dismissed by the Federal Shariat Court on 20 12 1994. Benefit of section 382 B, Cr.P.C. extended by the trial Court was remained intact. Hence this petition. 2. Mst. Rabia Iram P.W.4 has stated that, at the eventful time she was playing in the street in front of her house. The present petitioner took her to his Baithak, removed her Pajama and attempted to commit Zina with her. The alarm attracted Muhammad Anwar and others to the place of occurrence and on their arrival the…
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