Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss. 302/34 & 377---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12---Qatl-i-amd and sodomy---Constitution of Pakistan (1973), Art. 203 F(2B)---Appeal against acquittal---Evidence of last-seen furnished by close relatives of complainant did not inspire confidence---Evidence of extra judicial confession allegedly made by accused before the uncle of the deceased seemed to be a concoction and was not believable---Evidence of recovery of articles of the deceased from the possession of accused was also not credible---Medical evidence per se was inconsequential, which merely showed murder of the deceased after having been subjected to sodomy, but did not connect the said offences with the accused---Concurrent findings of both the Courts below were neither perverse nor shocking and did not suffer from any legal infirmity including misreading or non-reading of evidence---Conclusions drawn by lower Courts were based on the material available on record---Appeal against acquittal of accused was dismissed in circumstances. Ghulam Sikandar and another v. Mamarz Khan and others PLD 1985 SC 11 ref. (b) Constitution of Pakistan (1973)--- ----Arts 185(3) & 203-F(2B)---Criminal Procedure Code (V of 1898), S.417---Appeal against acquittal---Interference by Supreme Court---Guide lines provided. Ghulam Sikandar and another v. Mamarz Khan and Others PLD 1985 SC 11 ref. Shoaib Shaheen, Advocate Supreme Court and Malik Mumtaz Hussain Jai, Advocate Supreme Court for Appellant. Muhammad Saleem Malik, Advocate Supreme Court for Respondents Nos.1 to 3. Ch. Munir Sadiq, D'.P.-G. Punjab for the State. Date of hearing; 16th April, 2009. JUDGMENT JUSTICE M. JAVED BUTTAR (CHAIRMAN).--- This appeal, by leave, is directed against the judgment dated 12-11-2003 passed by learned Federal Shariat Court, whereby Criminal Appeal No.1741-I of 2002 filed by the appellant/complainant Bashir Ahmad against respondents Nos.1 to 3 was dismissed and the respondents' acquittal as recorded by the trial Court was upheld. 2. Respondents Nos.1 to 3 namely Fida Hussain, Muhammad Ismail and Abdul Ghafoor were tried by Hon. Additional Sessions Judge,…

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