MUHAMMAD IQBAL vs The STATE — 1970 SCMR 777

Citation: 1970 SCMR 777

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-20

Parties: MUHAMMAD IQBAL vs The STATE

Headnotes

Case cited as 1970 SCMR 777

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: MUHAMMAD IQBAL vs The STATE Case No.:Criminal Petition for Special Leave to Appeal No. 72 of 1970 Criminal Appeal No. 787 of 1968 Date of Judgment:1970-04-20 Reported As: 1970 SCMR 777 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD J.--Petitioner Muhammad Iqbal was tried under sections 376 and 302, P. P. C. By the learned Sessions Judge, Dera Ghazi Khan, for committing rape upon Mst. Sabri, a girl aged 8/9 years and thereafter for murder by strangulating her with her dopatta m at uninhabited dera of Zulfiqar Khan. The learned Sessions Judge, by judgment dated the 25th July 1968, acquitted the petitioner of the charge under section 376 but convicted him under section 302, P. P. C. And sentenced him to death. The petitioner's appeal, namely, Criminal Appeal No. 787 of 1968 (Murder Reference No. 242 of 1968) was dismissed by judgment dated the 12th February 1970, by a Division Bench of the West Pakistan High Court, Lahore. The petitioner seeks permission to file an appeal against the said judgment. The prosecution case is that on the morning of 12th April 1967, P. W. Faqir Bakhsh sent his daughter Mst: Sabri deceased to bring curry for him from the bazar. As she did not turn up, Faqir Bakhsh went out in search for her. He was met by Noor Din and Ali Ahmad P. Ws. In the street. He asked them to help him in searching his daughter. They joined him. On teaching near an uninhabited…

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