Law:

Section:

Criminal Procedure Code (V of 1898), S. 393 read with Whip­ping Ordinance (V of 1969), S. 4(a)-Criminal Procedure Code and Whipping Ordinance both provincial laws-Amendment of S. 393 of Cr. P. C. by S. 4(a) by provincial Legislature competent-Petition for special leave to appeal dismissed. S. M. Masood Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri. Advocate-on-Record for Petitioner. Nemo for the State. Dates of hearing : 21st and 22nd October 1971. ORDER MUHAMMAD YAQUB ALI, J.---The, petitioner stands convicted under sections 366 and 376 read with section 511, P. P. C. and sentenced to substantial terms of imprisonment and to suffer 20 stripes. On 27-3-1969 he lifted Mst. Nasim aged 6/7 years from her gram-field in village Mir Baz to a cattle-shed at a distance of one killa and attempted to commit rape on her. He force penetration which resulting in tearing the hymen of the victim and caused bruises on the area outside the vagina. She bleeded from her private part and cried aloud. This attracted Jaffar Ali and Fazil, the two eye-wittiesses on whose arrival the petitioner fled away. They found Mst. Nasieil lying naked on the ground and groaning in pain. Her chaddar was stained with blood. She was carried to her house whereupon her father reported the incident to the police. The petitioner was arrested on 29-3-1969. The loin cloth and the shirt he was wearing were found to be stained with blood. The Courts below relied on the testimony of Mst. Nasim and the two eye-witnesses who were the fellow villagers of the petitioner and had no motive to falsely implicate the petitioner. The plea raised in defence that the petitioner was falsely roped in at the instance of one Shakar Shah who was inimical to his father was found to be without any-substance. In view of the overwhelming evidence against the petitioner his counsel Mr. S. M. Masood did not agitate against his conviction under section 376/511, P. P.C but contended that no…

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