ABDUL HAMID alias HAMIDA vs THE STATE — 1970 PLD 166

Citation: 1970 PLD 166

Court: Lahore High Court

Year: 1971

Decision Date: 1971-02-25

Parties: ABDUL HAMID alias HAMIDA vs THE STATE

Headnotes

Case cited as PLD 1970 SC 166

Judgment Text

Court Name: Lahore High Court Judge(s): Sheikh Anwarul Haq Title: ABDUL HAMID alias HAMIDA vs THE STATE Case No.: Criminal Miscellaneous No, 41/Q of 1971 Date of Judgment:1971-02-25 Reported As: PLD 1971 Lahore 947 Result: Petition dismissed JUDGMENT JUDGMENT This petition under section 215 of the Code of Criminal Procedure seeks the quashment of a commitment order dated the 18th of September 1970 made by Raja Muhammad Aslam, Special Railway Magistrate at Multan, directing that the petitioner shall stand his trial in the Court of Session on charges falling under sections 302 and 377 of the Pakistan Penal Code. A prayer has also been made for the grant of bail to the petitioner under section 497 of the Code of Criminal Procedure. 2. The relevant facts are that on the 27th of March 1970 the dead body of a young boy named Riaz Ahmad, son of Ghulam Muhammad, was found floating in a deserted well situated on the outskirts of village Qasim Bala, in the jurisdiction of Multan Cantonment Police Station. A wrist-watch, belonging to the approver Altaf Ahmad (P. W. 1), was recovered from the shirt pocket of the deceased. The case for the prosecution is that the petitioner Abdul Hamid alias Hamida, and his co-accused Allah Bakhsh alias Bakka, had been pestering the deceased to permit them to have unnatural intercourse with him, and that they made this demand on him when on the night of 21/22nd of March 197J they saw the deceased going to the Basti near the garden of Altaf Bhutta. On…

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