| Citation(s) |
|---|
| 2007 SLG 3013 2007 SLD 3013 2007 PLJ 81 |
Federal Shariat Court
Crl. A. Nos. 311/L and 221/L of 2003, decided on 12.4.2007.
HAZIQ-UL-KHAIRI C.J., FIDA MUHAMMAD KHAN & SALAHUDDIN MIRZA, JJ.
Mian Muhammad Afzal Watto, Advocate for Appellants (in Crl. A. No. 311/L of 2003). Mr. Rehan Zafar, Advocate for Appellants (in Crl. A. No. 221/L of 2003). Mr. Muhammad Fayyaz, Advocate for State.
Crl. A. Nos. 311/L and 221/L of 2003, decided on 12.4.2007.
HAZIQ-UL-KHAIRI C.J., FIDA MUHAMMAD KHAN & SALAHUDDIN MIRZA, JJ.
Mian Muhammad Afzal Watto, Advocate for Appellants (in Crl. A. No. 311/L of 2003). Mr. Rehan Zafar, Advocate for Appellants (in Crl. A. No. 221/L of 2003). Mr. Muhammad Fayyaz, Advocate for State.
MUHAMMAD YOUNUS and 4 others--Appellants
VS
STATE--Respondent
Law:
Section:
Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 354, 365 & 452--Offence of Zina (Enforcement of Hudood) Ordinance, 1979, S. 11--Conviction and sentence recorded against accused and acquitted u/Ss. 320, 148, 149, PPC and S. 11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979--Forged Nikahnama--Two versions--Iota of doubt to house treaspssing by accused--Appreciation of evidence--Prosecution's version which was plausible more probable and appealed to mind was to be accepted when both parties were telling lies--It is the duty of Court to sift grain from chaff convicted and sentenced the appellants and acquitted them of murder charge--Prosecution witnesses found nothing which would create doubt other prosecution witnesses corroborated the abductee for accused appellants could not point out material contradiction or discrepancy there is overwhelming irrefutable and credible evidence which pave way to the truthfulness of prosecution version--Independent eye witnesses named in F.I.R. were produced which create great doubt--Medical evidence cannot identify perpetrator of the offence--Appeals dismissed with modification. Judgment Haziqul Khairi, C.J.--By this judgment, we propose to dispose of two Criminal Appeal No. 311/L of 2003 one of conviction filed by (1) Muhammad Younas, (2) Hamid Hussain, (3) Muhammad Iqbal, (4) Muhammad Arif and (5) Aflatoon whereby they were convicted under Sections 452 and 365 PPC and sentenced to 7 years R.I. on each count with fine of Rs. 10,000/- each or in default of payment of fine, they shall undergo S.I. for six months. Arif and Aflatoon were further convicted under Section 354 PPC and sentenced to suffer R.I. for two years with fine of Rs.10,000/- or in default of payment of fine to further undergo S.I. for seven months. All the sentences of imprisonment awarded to the appellants were ordered to run concurrently. Benefit of Section 382-B Cr.P.C. was also given to all the aforementioned appellants. The other appeal is Criminal Appeal No.221/L of 2003 filed by Muhammad Hanif against acquittal of accused/respondents namely (1) Muhammad Younas, (2) Muhammad Arif, (3) Hamid Hussain, (4) Muhammad Iqbal, (5) Aflatoon alias…
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