FARZAND ALI vs The STATE — 1971 SCMR 715

Citation: 1971 SCMR 715

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-10-22

Parties: FARZAND ALI vs The STATE

Headnotes

Case cited as 1971 SCMR 715

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: FARZAND ALI vs The STATE Case No.:Criminal Appeal No. 270 of 1969 Petition for Special Leave to Appeal No. 189 of 1971 Date of Judgment:1971-10-22 Reported As: 1971 SCMR 715 Result: Petition dismissed Judgment 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…

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