MAHBOOB ELAHI vs THEM STATE — 1971 SCMR 796

Citation: 1971 SCMR 796

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-11-30

Parties: MAHBOOB ELAHI vs THEM STATE

Headnotes

Case cited as 1971 SCMR 796

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad Title: MAHBOOB ELAHI vs THEM STATE Case No.: Criminal Appeal No. 36 of 1971 Criminal Revision No. 87 of 1968 Date of Judgment:1971-11-30 Reported As: 1971 SCMR 796 Result: Appeal allowed JUDGMENT JUDGMENT SALAHUDDIN AHMED, J.-This appeal by special leave is from an order of a learned Single Judge of the erstwhile High Court of West Pakistan, Lahore, dismissing the appellant's revisional application and. Refusing to interfere with his conviction and sentence under section 500 of the Pakistan Penal Code. Of the four other persons who had been tried along with the appellant under the said section three were discharged by the trying Magistrate and one was acquitted on appeal by the Sessions Judge. The prosecution case against the appellant is that on 21 December 1966, at night he was seen along with four persons by P. W. 3 Sideman, a Mali of Government I1igh School, Sahiwal, near the Nala bridge 200 yards from the School. On inquiry the appellant told the witness that they had gone to meet one Talib Hussain at his house. On the following morning P. W. Suleman found some defamatory writings against P. W. 1, Muhammad Iqbal, Headmaster of the said School, and P. W. 2, Sufi Ghulam Hussain, a teacher of the School, on the boundary walls, pillars of the gate and verandah of the School. P. W. Suleman reported the matter to the headmaster and the latter having seen the writings himself sent a report to…

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