NAUSHER vs THE STATE — 1971 PCRLJ 811

Citation: 1971 PCRLJ 811

Court: Lahore High Court

Year: 1970

Decision Date: 1970-05-04

Parties: NAUSHER vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 811

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema, Muhammad Afzal Zullah, Ataullah Sajjad Title: NAUSHER vs THE STATE Case No.: Criminal Appeal No. 790 of 1968 M. R. No. 229/68 Date of Judgment:1970-05-04 Reported As: 1971 P Cr. L J 811 Result: appeal, set aside JUDGMENT JUDGMENT MUHAMMAD AFZAL CHEEMA, J.-Vide his judgment dated 1-11-1968, Mr. Muhammad Amir Akbar Khan, Additional Sessions Judge, Lyallpur, convicted Nausher appellant aged 19 years on' to counts, firstly, under section 377, P. P. C. For having sub--jected Akbar Ali deceased, a youngster of about 10 years, to carnal intercourse, with an award of five years' R. I., and under section 302 P. P. C. For having murdered him at the same the and place, with an award of death sentence and a fine of Rs. 5,000 which, if realised, was to b:, paid as compensation to the mother of the deceased under section 544-A, Cr. P. C. In default of payment, he was directed to undergo further R. I. For three years, to be effective in the event of non-confirmation of the sentence of death by the High Court. He has appealed against his conviction and sentences and his case has also been referred to us under section 374, Cr. P. C. For the confirmation of the death sentence. This judgment will dispose of the appeal as well as the murder 2. The short background of the case is that Akbar Ali deceased, the unfortunate victim, having lost his father about 6/7 years prior to the occurrence lived with his uncle Muhammad Sharif…

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