Law:

Section:

Penal Code (XLV of 1860)--Ss. 302, 364-A & 377 --- Appraisal of evidence --- Dead body of the deceased was recovered at the instance of the accused --- Prosecution witness, who had last seen the deceased going on the donkey cart driven by accused on a road leading to the land of the complainant where the deceased was proceeding, had no enmity with the accused and his relationship with the complainant was no ground to discard his evidence --- Shalwar and shirt of accused as well as and pari anal swabs of the deceased child were found to be stained with semen --- Said evidence available on record had led to the irrefutable conclusion of the guilt of accused that he had subjected the deceased child to sodomy before causing his death --- Conviction and sentences of accused were upheld in circumstances. State v. Manzoor Ahmad PLD 1966 SC 664 ref. JUDGMENT SH. RIAZ AHMED, J.---This appeal through leave of this Court is directed against the judgment and order dated 2-2-1994 delivered by a learned Single Judge of the Lahore High Court at Multan whereby the appeal preferred by the appellant assailing his conviction recorded by an Additional Sessions Judge at Sahiwal on charges under sections 302, 364-A read with section 377, P.P.C. was dismissed. 2. The facts of the case are that on 8-8-1990 at about 8-00 p.m. Muhammad Sarwar complainant lodged an F.I.R. at Police Station Dera Rahim and on the basis thereof initially a case under section 364-A, P.P.C. was registered. The complainant stated that at about 7-00 a.m. his son Khushnood aged about 8 years had proceeded towards the land of the complainant from the house, but did not return till afternoon. According to the complainant, he made a search, but the whereabouts of Khushanood could not be traced. The complainant then got an announcement made through the loudspeaker of the mosque of the village as well as from the mosques of the adjoining villages about the disappearance of Khushnood, but without any success. In the evening, brother of the complainant informed the complainant that in the morning he had seen Khushnood proceeding on the road leading to his land on a donkey cart driven by the appellant Muhammad…

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