Law: Penal Code (XLV of 1860)

Section: 302(b),377,201

Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 10(3)

Penal Code (XLV of 1860) --- ----Ss. 302(b), 377 & 201---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(3)---Appreciation of evidence---Prosecution witness who furnished evidence of last seen, had neither any enmity with accused nor he had any motive to falsely implicate him---Statement of said witness was supported by statement of mother of deceased who had given five rupees note to deceased girl to. make purchases---Two prosecution witnesses had stated that they had seen accused on the way carrying gunny bag on carrier of his bicycle---Evidence of last seen and carrying of gunny bag by accused had inspired confidence because witnesses. did not make any attempt to improve or inflate incident---Witnesses had stated whatever had been witnessed by them and their evidence when appraised along with other pieces of evidence, had provided a strong link to prosecution case---Recovery of clothes worn by deceased at the time of her murder by accused was a strong corroborative piece of evidence---Recovery of bicycle which was used for carrying gunny bag containing dead body of deceased from house of accused and recovery of pair of sandals belonging to deceased, coupled with confessional statement of accused, had furnished a strong corroboration to prosecution case---Confessional statement of accused which was made by him voluntarily and without any external pressure or inducement and was recorded by Magistrate after fulfilling all legal requirements, was fully incriminating and totally inculpatory---Prosecution case was supported and strengthened by medical evidence---Apart from causing her death, young victim was subjected to rape and sodomy---Chemical Examiner's report showed that, swabs obtained contained semen---Credible corroboration had come on record through truthful and natural witnesses---Prosecution, in circumstances had proved guilt of accused beyond doubt---Conviction of accused, on all counts was unexceptionable and sustainable---Accused had committed a heinous rather abhorrent offence by killing a young girl after subjecting her to his lust---Accused was a grown up person who was well aware of offence committed by him---No…

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