| Citation(s) |
|---|
| 2002 SLG 1368 2002 SLD 1368 2002 SCMR 1243 |
Supreme Court of Pakistan
Jail Petition No.46 of 2001, decision dated: 22-03-2002, hearing DATE : 22-03-2002. (On appeal from the judgment of the Lahore High Court, Lahore, dated 16-3-1999, passed in Criminal Appeal No.321 of 1992)
SH. RIAZ AHMED, C.J., MIAN MUHAMMAD AJMAL AND SYED DEEDAR HUSSAIN SHAH, JJ
Arshad Ali Ch., Advocate Supreme Court for Petitioner. Nemo for
Respondent.
Jail Petition No.46 of 2001, decision dated: 22-03-2002, hearing DATE : 22-03-2002. (On appeal from the judgment of the Lahore High Court, Lahore, dated 16-3-1999, passed in Criminal Appeal No.321 of 1992)
SH. RIAZ AHMED, C.J., MIAN MUHAMMAD AJMAL AND SYED DEEDAR HUSSAIN SHAH, JJ
Arshad Ali Ch., Advocate Supreme Court for Petitioner. Nemo for
Respondent.
MUHAMMAD FAROOQ
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860)----Ss. 302, 364-A & 507---Constitution of Pakistan (1973), Art.185(3)--Appraisal of evidence---Extra judicial confession made by accused was corroborated by his confession made before the Magistrate and the letters produced in the Court---Prosecution witnesses who had apprehended the accused and the complainant had no enmity for false implication of accused in the case of such a heinous crime---Both the said confessions made by the accused were in total conformity with the prosecution story and surrounding circumstances---Impugned was well-reasoned and based on law laid down by Supreme Court---No misreading or non-reading of evidence or misconstruction of law was made in the case---Jail petition was barred by 742 days for which no plausible explanation had been given for condonation of delay---Petition was dismissed on merits as well as on the point of limitation in circumstances. Joygun Bibi v.. The State PLD 1960 SC (Pak.) 313; Wazir Khan v. The State 1989 SCMR 446 and The State v. Minhun alias Gul Hassan PLD 1964 SC 813 ref. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---Petitioner seeks leave to appeal against the judgment of the Lahore High Court, Lahore, dated 16-3-1999, passed in Criminal Appeal No.321 of 1992. 2. Briefly stated the facts of the case are that Rab Nawaz complainant (P.W.8) lodged an F.I.R. (Exh.P.U/1) with Police Station Shuja Abad, District Multan, stating therein that on 13-2-1984, at evening time, his son, Muhammad Nadeem (deceased) aged about seven/eight years went out to play but he did not come back. The parents tried to search the child, but in vain. Finally they got lodged the aforesaid report with the police. On 23-2-1984 the police recovered the dead body of Muhammad Nadeem from a canal. Musharaf Khan (P.W.5) stated that he along with Nek Muharntnad (P.W.6), at about Zoherwela, was passing through the street of Rab Nawaz complainant when they heard cries of a female child saying that someone was running in the street having thrown a letter in her house. They chased the said person who was apprehended at some distance and in the process he also received injuries. On being caught he disclosed his name as…
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