Case Details

Citation(s)
2008 SLG 1905 2008 SLD 1905 2008 SCMR 1636
Supreme Court of Pakistan
Criminal Appeal No.259 of 2001, decision dated: 9-04-2008.(On appeal from the order, dated 14-12-1999 of the High Court of Balochistan, Quetta passed in Criminal Jail Appeal No.170 of 1999)
FAQIR MUHAMMAD KHOKHAR, MUHAMMAD AKHTAR SHABBIR AND ZIA PERWEZ, JJ
Muhammad Zaman Bhatti, Advocate Supreme Court for Appellant. Muhammad Raza, Additional Advocate-General, Balochistan for the State

SULTAN MUHAMMAD alias BACHA KHAN

VS

THE STATE

Law:

Section:

(a) Penal Code (XLV of 1860)----Ss. 364-A & 511---Appraisal of evidence---Dictionary meaning of the word "attempt" was not relevant in the case, as S.511, P.P.C. had itself explained the same---"Attempt" covered only those cases where, for some reasons, the object of the offence was not accomplished---Offence in the present case was completed when the accused had kidnapped the child by putting him in the "Rickshaw" after having wrapped him in a cloth---Accused was caught red-handed on the spot after hue and cry raised by the Rickshaw driver---Charge under S.364-A, P.P.C. was proved on record on sound prosecution evidence, which did not constitute an attempt only---Conviction and sentence of accused were upheld accordingly and his appeal was dismissed. (b) Penal Code (XLV of 1860)--- ----S. 511-"Attempt"-Connotation-"Attempt" covers only those cases where, for some reasons, the object of the offence is not accomplished. JUDGMENT ZIA PERWEZ, J.--- This criminal appeal by leave of this Court is directed against the order dated 14-12-1999 of the learned High Court of Balochistan, Quetta, whereby Criminal Jail Appeal No.170 of 1999 filed by appellant Sultan Muhammad alias Bacha Khan was dismissed. 2. Molvi Asmatullah lodged F.I.R. No.30 of 1998 under section 364-A, P.P.C. before Police Station Pashtoonabad that on hearing hue and cry, he went out of his house where appellant Sultan was apprehended and Haji Ghafoor and one shopkeeper Muhammad Anwar told him that the neighbours apprehended the accused after putting cloth on the complainant's son Bilal for the purpose to kidnap the boy. The appellant had put him in a Rakshaw and he also snatched a child from a girl. The Rakshaw driver on realizing the situation and the reason of crying of girl from whom the child was snatched by the appellant raised hue and cry. People gathered at the spot and from the possession of the appellant sweets and one packet containing syrup (Sharbat) was also recovered and thrown away. On receipt of information police reached at the spot followed by conviction on proof of charge under section 364-A, P.P.C. and upheld in appeal. 3. Mr. Muhammad Zaman Bhatti, learned Advocate Supreme Court…
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