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Petitioner: SAFDAR ALI WAHLA And Another VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, M. S. H. Qureshi Title: SAFDAR ALI WAHLA And Another vs The STATE Case No.: Criminal Petitions for Special Leave to Appeal Nos.192 and 223 of 1985 Date of Judgment:1985-06-08 Reported As: 1985 SCMR 1748 Result: Petitions dismissed
Judgment ORDER ASLAM RIAZ HUSSAIN, J--This order will dispose of Criminal Petition for Special Leave to Appeal No. 192/85 and Criminal Petition for Special Leave to Appeal No. 223/85, filed by Safdar Ali Wahla and Abdul Majid, respectively, against the same judgment of the High Court, dismissing their criminal appeals. 2. We have heard the learned counsel for the petitioners at considerable length and have also gone through the impugned judgment. 3. It is contended on behalf of the petitioners that their convictions under section 353, P.P.C. Are not maintainable as the allegations against them in that respect do not fall within the four corners of the said section, because no force is alleged to have been used by the accused/ petitioners' against the complainant. After having considered we find that the contention is misconceived in view of the definition of assault in section 351, P.P C. 4. It was next contended that the prosecution case rests on the sole testimony of the complainant (Saeeduddin, P.W. 3) which cannot be relied upon for maintaining petitioners conviction without any independent corroboration. 5. The learned counsel for the petitioners have, however, not been able to point out any material defect in the testimony of the said witness which would induce us to accept the aforementioned contention. Both the petitions are, therefore, dismissed.