Case Details

Citation(s)
2002 SLG 1484 2002 SLD 1484 2002 SCMR 1602
Supreme Court of Pakistan
Jail Petition No. 181 of 2001 and Criminal Petition No.277 of 2001, decision dated: 10-06-2002
MIAN MUHAMMAD AJMAL, ABDUL HAMEED DOGAR AND MUHAMMAD NAWAZ ABBASI, JJ
Ch. Muhammad Akram, Advocate Supreme Court for Petitioner (in Jail Petition No. 181 of 2001) Nemo for the State (in Jail Petition No. 181 of 2001) Sardar Muhammad Ishaq Khan, Advocate Supreme Court for Petitioners (in Criminal Petitition No. 277 of 2001

TARIQ MEHMOOD and others

VS

THE STATE and others

Law:

Section:

Penal Code (XLV of 1860)--- -----Ss. 302/392/201/411---Offence of Zina (Enforcement of Hudood) Ordinance (VIl of 1979), S. 10(3)---Constitution of Pakistan (1973); Art. 185(3)---Petitions for leave to appeal---Entire case hinched upon the circumstantial evidence which was sufficient enough to base conviction of the accused on---Accused had grown up in the house of the complainant and was permanently provided a room in the house for residential purpose---At the time of occurrence only the accused and the daughter of the complainant were present in the house and the accused finding such a chance firstly forcibly committed rape with the deceased and thereafter strangulated and killed her and disappeared---Dead body of the girl and other incriminating articles were recovered from the room of the accused---Medical evidence And the incriminating articles recovered on the pointation of accused had established the prosecution case against him---Non-furnishing of any explanation by the accused about his involvement in the offence and non-­examination on oath under S.340(2), Cr.P.C. had further established his involvement in the case---No misreading, non-appraisal of evidence or illegality could be pointed out by the defence to the impugned --­Conviction and sentences of accused were upheld in circumstances---Since the accused had been awarded death sentence no enhancement in compensation was made---Leave to appeal was refused in both the petitions, accordingly. JUDGMENT ABDUL HAMEED DOGAR, J.---Through this common judgment, we propose to dispose of the above two petitions which are directed against the judgment dated 20-9-2001 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi. In Criminal Appeal No.351-T of 2000 petitioner Tariq Mahmood had challenged his conviction and sentence whereas in Criminal Revision No. 127 of 2000 petitioner Ghulam Mustafa Khokhar had sought the enhancement in compensation. Petitioners seek leave to appeal against the above judgment. 2. On 5-5-1999 complainant Ghulam Mustafa Khokhar lodged F.I.R. No.98 under sections 302, 392, 201, 411, PR.C. and 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), at Police…
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