Law:

Section:

(a) Penal Code (XLV of 1860)-- ----S. 363---Appreciation of evidence---Test to which the minor witness was put was not sufficient to arrive at a conclusion that she could be a competent witness and her evidence was excluded from consideration---Undue haste on the part of Trial Court to decide the case amounted to unholy haste which had pre-determined the case of the accused---Ocular evidence being scanty and contradictory did not warrant conviction-- .Accused was acquitted on benefit of doubt in circumstances.--[Witness]. (b) Administration of justice--- ----Undue haste---Expeditious trial and disposal of cases are appreciable but it should not happen at the expense of justice---Courts must take proper care to afford proper opportunities and should not give any impression of undue haste or rush up with the disposal at the expense of their fair name. JUDGMENT The appellant was arrested on 23-10-1991 by Police of Police Station City Gojra in case of F.I.R. No.383/91 under section 364-A/511, P.P.C. The appellant was tried by the Additional Sessions Judge, Toba Tek Singh and charged him under section 364-A, P.P.C. and convicted him on 24-6-1992 for the offence under section 363, P.P.C. and was sentenced to undergo R.I. for five years with a fine of Rs.5,000. In case of default the appellant was to undergo further R.I. for one year. He was given the benefit of section 382-B, Cr.P.C. 2. The appellant was charged on 22-6-1992 for the offence under section 364-A, P.P.C. The charge was put to him. The appellant denied the charge and claimed trial. 3. During trial prosecution has produced Nazir Ahmed, M.H.C. who had recorded the formal F.I.R. Exh.PA on the receipt of complaint; Muhammad Ashraf P.W.2, the complainant who made statement Exh.PA. to Muhammad Iqbal P.W.6; Ali Muhammad P.W.3 and Muhammad Aslam P.W.5 were the eye-witnesses whereas Mst. Nazia minor was produced as P.W.4. the trial Court believed P.W.3, P.W.4 and P.W.5. P.W.3 and P.W.5 were eye-witnesses who had seen the appellant taking away the minor P.W.4. 4. P.W.4 was a minor of seven years of age on the date she was examined and the date of occurrence was almost eight months earlier. The minor was put…

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