Law:

Section:

Penal Code (XLV of 1860)----S.302-Only eye-witness: a child-Statement disbelieved in respect of another co-accused-Nevertheless testimony being supported by other corroborative circumstantial evidence, conviction and sentence of principal accused held well ­founded. Rustom J. E. Kaikobad, Advocate Supreme Court for Appellant. H. T. Raymond, Senior Advocate Supreme Court (Unman Ghani Rashid, Advocate Supreme Court with him) instructed by Ijaz Ali, Attorney for the State. Date of hearing : 13th January 1969. JUDJMENT SAJJAD AHMAD, J.-Muhammad Yakub, appellant, was convicted under section 302, P. P. C. and sentenced to death by the learned Sessions Judge, Khairpur, for the murder of Manzur Ahmad, husband of Mst. Zubeda, who was jointly tried with him for the same offence but acquitted. The conviction and sentence of death passed on the appellant have been confirmed by the High Court of West Pakistan, Karachi Bench. On a petition, submitted through jail, leave to appeal was granted to Muhammad Yakub to consider whether his conviction was safely based on the solitary ocular testimony supplied by Mst. Tasnim, a daughter of the deceased aged about 10 years, particularly as apart from the infirmities inherent in her statement as a child witness and also a daughter of the deceased, her statement regarding the complicity of her own mother in the crime had been disbelieved. The murder was committed at about 10-00 p.m. on the 10th of January, 1965. The deceased was employed in a cotton ginning factory at Sanghar but his family consisting of his wife, Mst. Zubeda, aforesaid, and their three children, namely, Iftikhar aged about 12 years, Mst. Tasnim aged about 10 years and Mst. Shehnaz aged about 8 years, lived in the upper storey of a two-storeyed house near Ehug jo-Ghutto, Shahi Bazar, Khairpur. He used to come to visit his family occasionally as and when he got leave. In the ground floor of the same house one Munir Hussain Panjabi had installed a flour mill where the appellant was employed as a mistry and had taken upabode in a room there. Yakub developed illicit intimacy with Mst. Zubeda and used to visit her. In course of time, he got friendly with the deceased also…

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