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1990 SCMR 329

SHAHADAT alias SHADDA vs THE STATE

Petitioner: SHAHADAT alias SHADDA VS Respondent: THE STATE

Court: Supreme Court of Pakistan Decision Date: 1989-04-19

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Dr. Javed Iqbal, Saad Saood Jan Title: SHAHADAT alias SHADDA vs THE STATE Case No.: Criminal Petition for Leave to Appeal No, 193 of 1988 Date of Judgment:1989-04-19 Reported As: 1990 SCMR 329 Result: Petition dismissed

Judgment ORDER ' JAVID IQBAL, J.--This petition for leave to appeal is directed against the judgment of the Lahore High Court, Lahore dated 24 May, 1988 whereby conviction under section 10 of Offence of Zina (Enforcement of Hudood) Ordinance 1979 of the petitioner was maintained but his sentence was reduced from five years to three years' R.I. And the sentence of 30 stripes was set aside. The petitioner was originally convicted under the aforesaid section by the trial Court and sentenced to five years' R.I. Plus 30 stripes, but on appeal the High Court maintaining the conviction altered the sentence as stated above. The victim in the instant case is Mst. Rani aged 15 years and the medical evidence is to the effect that she had been raped. Her version is being supported by her mother Mst. Janatey, Abbas and Muhammad Aslam. The learned High Court has already taken a lenient view in the matter which was in fact uncalled for in the circumstances of the case. ' After going through the record and hearing the learned counsel no case is made out for the grant of leave. The petition is therefore dismissed.

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