DALAI vs The STATE — 1972 SCMR 642

Citation: 1972 SCMR 642

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: DALAI vs The STATE

Headnotes

Case cited as 1972 SCMR 642

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sheikh Anwarul Haq Title: DALAI vs The STATE Case No.:Criminal Petition for Special Leave to Appeal No. 28-P of 1971 Criminal JUDGMENT Reported As: 1972 SCMR 642 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner in this case was tried along with two others. He and Niamat Khan were charged under section 363, P. P. C. And one Mir Hawas Din alias Burmullah was charged with abetment under section 363/109, P. P. C. For the kidnapping of an infant daughter of one Hassan Khan at about 9 a.m. Of the 9th of December 1968, from outside her house in Mohallah Sheikh SaleemBannu City. Hassan Khan lodged information about the disappearance of his child on the next day at Bannu Police Station. The peti--tioner and Niamat Khan were arrested on the 21st of December 1968, but Mir Hawas Din could not be apprehended until the 16th of September 1969. Niamat Khan made a detailed confessional statement two days after his arrest and stuck to this even at the trial. The main evidence against the petitioner was the confessional statement of co-accused Niamat Khan. This obviously could only be utilised against the other accused if it was corroborated in material particulars. This corroboration was found to have been furnished by the oral testimonies of several witnesses. Mustafa Kama] and Mohabat Khan gave evidence to the effect that the present petitioner had actually approached Mustafa Kamal, while he…

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