| Citation(s) |
|---|
| 2010 SLG 2667 2010 SLD 2667 2010 SCMR 401 |
Supreme Court of Pakistan
Criminal Petition No.469 of 2009, decision dated: 16-11-2009
SARDAR MUHAMMAD RAZA AND MIAN SHAKIRULLAH, JAN, JJ
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Criminal Petition No.469 of 2009, decision dated: 16-11-2009
SARDAR MUHAMMAD RAZA AND MIAN SHAKIRULLAH, JAN, JJ
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ZAFAR IQBAL
VS
. THE STATE and another
Law:
Section:
Penal Code (XLV of 1860)-------S. 336/34---Constitution of Pakistan (1973), Art.185(3)---Itlaf-i-Salahiyyat-i-Udw---Reappraisal of evidence---Sentence, reduction in---Accused along with his co-accused had allegedly thrown acid on the wife of complainant causing burns on her face, neck and left arm, covering 17 per cent of the body area---F.I.R., no doubt, was delayed, but it had not been indicated as to what benefit the prosecution had derived by such delay---Clothes of the injured lady, even if produced, would have at the most proved the same thing which resultantly was given in her medico-legal report---Victim appeared to have changed her clothes due to damage caused to them---Personal appearance of the victim with marks of occurrence on her body was sufficient to connect the accused with the commission of the offence---Conviction of accused was consequently maintained, as disfigurement was enough to constitute offence under S.336, P. P. C. ---However, facial disfigurement was only to the extent of five per cent, which might be a scar of small size---Sentence awarded to accused, therefore, was a bit on the heavier side---Sentence of Arsh of Rs.5,00,000 was reduced to Rs.3,00,000 and imprisonment for seven years was reduced to five .years in circumstances---Petition after conversion into appeal was partially accepted to the extent of sentence alone in the above terms. Basharat Ullah Khan, Advocate Supreme Court for Petitioner. Muhammad Siddique Baloch, D.P.-G. for the State. Date of hearing: 16th November, 2009. JUDGMENT SARDAR MUHAMMAD RAZA, J.--- Zafar Iqbal seeks leave to appeal from the judgment dated 10-6-2009 of a learned Judge in Chambers of Lahore High Court, Rawalpindi Bench, whereby, criminal revision filed by the petitioner was dismissed and his conviction under section 336/34, P.P.C. was upheld along with sentence to imprisonment for 7 years and payment of Arsh to the tune of Rs.500,000. 2. Zafar Iqbal, along with his co-accused Ghulam Hussain and Adnan is said to have had thrown acid on Mst. Sahib Bibi, wife of complainant Muhammad Iqbal, as a result of which, she sustained acid burns on her face, neck and left arm, covering 17 per cent of the…
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