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Petitioner: MUMTAZ MAI VS Respondent: QASIM
1988 S C M R 574
1988 S C M R 574
Present: Aslam Riaz Hussain, Muhammad Afzal Zullah and Javid Iqbal, JJ
Mst. MUMTAZ MAI--Petitioner
versus
QASIM and others--Respondents
Criminal Petitions for Special Leave to Appeal Nos.132, 133 and 134 of 1983, decided on 20th February, 1988.
(Against the judgment of the Lahore High Court, Bahawalpur Bench, Bahawalpur, dated 5-3-1983 passed in Criminal Appeals Nos.60 of 1981/BWP, 59 of 1981/BWP and 62 of 1981/BWP).
(a) Penal Code (XLV of 1860)--
--Ss.363, 366 & 376--Leave to appeal, grant of--Appraisal of evidence--Petitions against acquittal--Leave to appeal granted to consider whether the well-established principles of appraisal of evidence in criminal cases were correctly applied by High Court in the case- Non-bailable warrants issued against accused respondents.
(b) Constitution of Pakistan (1973)--
---Art.185--Appeal to Supreme Court--Appeals against acquittal--Early hearing of appeals at L--Counsel for both parties being present and Bench of three Judges being available at L, in view of nature of case appeals ordered to be heard and decided at an early date--Appeals fixed for hearing four days after grant of leave and notices sent to respondents telegraphically.
Abid Hasan Minto, Advocate Supreme Court and Sh.Masood Akhtar, Advocate- on-Record for Petitioner.
Arshad Qureshi, Advocate Supreme Court with Ch.Qamaruddin Khan Meo, Advocate- on-Record for Respondent No.1.
M.Pervaiz Alamgir, Advocate Supreme Court with S.Abid Nawaz, Advocate- on-Record for the State (in Criminal Petition for Special Leave to Appeal No.132/1983).
S. Abid Nawaz, Advocate-on-Record for the State.
Nemo for the Remaining Respondent (in Criminal Petition for Special Leave to Appeal Nos.133 and 134 of 1983).
Date of hearing: 20th February, 1988.
ORDER
ASLAM RIAZ HUSSAIN, J.--These petitions by Mst.Mumtaz Mai are directed against the judgment of the Lahore High Court, Bahawalpur Bench, Bahawalpur, dated 5-3-1983 against the acquittal of Qasim, Talib Hussain and Rashid Ahmad, respondents. As all of them have been filed by the same petitioner against the same judgment they are being dealt with together.
2. The three respondents were tried under erection 363/366/376, P.P.C., convicted and sentenced by the trial Court, but were acquitted by the High Court on appeal vide the impugned judgment.
3. After hearing the learned counsel for the petitioner we think this is a fit case to consider whether the well-established principles of appraisal of evidence in criminal cases were correctly applied by the High Court in this case leave is, therefore, granted in all the three petitions. Non-bailable warrants shall issue against the accused-respondents.
4. Since learned counsel for both the parties are present and al Bench of three Judges is available at Lahore, we think that in view of the nature of this case the appeals may be heard and decided at an early date. As such let the appeals be fixed for hearing on 24-2-1988 and notices thereof should be sent to the respondents telegraphically. M.I./M-340/S Leave granted.