KAIM vs The STATE — 1971 SCMR 88

Citation: 1971 SCMR 88

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-08-17

Parties: KAIM vs The STATE

Headnotes

Case cited as 1971 SCMR 88

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Muhammad Yaqub Ali Khan Title: KAIM vs The STATE Case No.: Petition for Special Leave to Appeal No. K-6 of 1970 Date of Judgment:1971-08-17 Reported As: 1971 SCMR 88 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-The petitioner stands convicted under sections 325, 365 and 376, P. P. C. And sentenced to various terms of imprisonment, The High Court having upheld the convictions directed that the sentences should run concurrently. Leave to appeal is asked for on grounds which go to mere appreciation of evidence. As pointed out by the learned Judge in the High Court apart from the direct testimony of Mst. Sardari who was forcibly abducted from the house of her parents and Mst. Nur Khatoon and Nur Mohammad, P. Ws., who were, along with Gulsher, deceased, caused injuries, the petitioner's conviction is supported by more than one circumstance : (i) Mst. Sardari was recovered from his custody in a forest two days after she had been abducted ; (ii) the loin cloth of the petitioner and the shalwar of Mst. Sardari were found stained with semen ; and (iii) Mst. Sardari, aged 17, was, according to the Medical evidence, subjected to sexual intercourse. The petitioner did not deny the recovery of Mst. Sardari as alleged by the prosecution as well as the presence of semen on his loin cloth and the shalwar of Mst. Sardari. He, however, pleaded that Mst. Sardari was his lawfully wedded wife.…

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