RIAZ AHMAD Versus STATE
MUHAMMAD MUNIR KHAN, J.‑‑‑ This Criminal Appeal by leave of the Court arises from the facts that in the incident which took place on 21‑9‑1985 at morning prayer time in the area of Chowk Bahadur at a distance of 18 kilometres from Police Station Saddar, Sadiqabad, District Rahimyar Khan, Riaz Ahmed appellant allegedly caused the death of Nasir Ahmed by giving him injuries with a Kassi in the presence of Amir Bakhsh P.W.5 and Sardar Khan P.W.6 who saw him running away from the spot after injuring the deceased. After the occurrence, he forcibly took away Mst. Maqsood Bibi daughter of deceased from her house, and committed Zina‑bil‑Jabr with her. According to the statement of Mst. Maqsood Bibi P.W.12, the appellant forcibly took her to different places, committed Zina‑bil‑Jabr with her in a field and ultimately brought her to the Derra of Gul Muhammad P.W.14 to whom she narrated the occurrence in the absence of appellant. Little latter, appellant returned who on enquiry by Gul Muhammad P.W.14 made full breast before him. At this he apprehended him. Mst. Maqsood Bibi and Riaz Ahmed appellant were produced by Gul Muhammad P.W.14 before Syed Jaffar Hussain, S.I. P.W.15 at Adda Fatehpur Punjabian on 23‑9‑1985 who arrested the appellant in the case. On 24‑9‑1985, Riaz Ahmed appellant made judicial confession `Exh. P.K.' before Muhammad Aslam, Resident Magistrate P.W.9.
2.At the trial, Amir Bakhsh P.W.5 claimed to have seen and identified Riaz Ahmed appellant giving fatal injures to the deceased with a Kassi. Sardar Khan P.W.6 stated that on hearing alarm he rushed to the spot and saw the appellant running away from there after injuring the deceased. The blood stained Kassi was recovered from the spot by the Police. Mst. Maqsood Bibi has deposed about her abduction and commission of Zina‑bil‑Jabr by the appellant with her. In his judicial confession Exh. P.K. recorded by Muhammad Aslam, M.I.C., the appellant admitted to have murdered Nasir Ahmed and abducted Mst. Maqsood Bibi. Gul Muhammad P.W.14 has deposed about the extra judicial confession of guilt made by the appellant before him. Jaffar Hussain S.I. P.W. has deposed about the production of Riaz Ahmed appellant and Mst. Maqsood Bibi before him by Gul Muhammad P.W. 14. The medical evidence will show that Nasir Ahmed had received injuries with sharp‑edged weapon, which were sufficient to cause death in the ordinary course of nature. Dr. Mrs. Abeda Ghani P.W.1 examined Mst. Maqsood Bibi on 23‑9‑1985, took the vaginal swabs of the victim and sent the same to the Chemical Examiner for detection of semen. The report of the Chemical Examiner revealed that the two vaginal swabs were stained with semen.
When examined under section 342 Cr.P.C., the appellant denied all incriminating circumstances. He raised the plea of false implication on account of enmity. He neither produced evidence in defence nor did he make statement on oath in disproof of charges against him. He produced Nikahnama Exh. D.1 in his defence.
3.On the conclusion of the trial, the learned Sessions Judge, Rahimyar Khan, vide his judgment dated 9‑7‑1989 convicted and‑sentenced the appellant as under:‑‑
Rs.5,000 or one year R.I.
Zina (Enforcement of Hudood) and a fine of Rs.5,000 or
Ordinance,‑ 1979 (hereinafter one year R.I. , referred tows the Ordinance).
Ordinance. stripes.
The appeal filed by the appellant against his convictions and sentences was dismissed by the Federal Shariat Court on 4‑12‑1989. Feeling aggrieved thereby, he filed petition for leave to appeal before this Court which was granted on 4‑3‑1992. Hence this appeal.
4.Learned counsel for the appellant has argued that the prosecution has failed to prove its case beyond reasonable doubt inasmuch as the two eye witnesses are closely related to the deceased; that the identification of the culprit in the light of lantern was not possible; that the Magistrate had not taken precautions before recording the confession of appellant; and that the extra‑judicial confession being a weak type of evidence could not form as basis for conviction unless corroborated in material particular. Learned counsel for the State has supported the impugned judgment.
5.We have carefully attended to the arguments addressed before us by. the learned counsel for the parties. We do not feel persuaded to agree with the learned counsel for the appellant. We find that Mst. Maqsood Bibi P.W.12 had no enmity to involve the appellant falsely in the case. She was forcibly taken from her house after the murder of her father. She remained with the appellant, so there could be no difficulty in the identification of the culprit. The medical evidence and the report of the Chemical Examiner will show that A she was subjected to sexual intercourse. Sardar Khan P.W.6 and Amir Bakhsh P.W.5 are not inimical witnesses. They have no motive to depose falsely against the appellant. We do not see any legal infirmity in their statements. They have been believed by the two learned Courts below. The Magistrate took all precautions before recording the confession of the appellant. In his statement under section 342, Cr.P.C. the appellant denied to have made any confession before the Magistrate. He has not levelled the allegations of inducement, threat and pressure against the Police or someone else for making confession before the Magistrate. The circumstances of the recovery of Mst. Maqsood Bibi from the appellant and their production by Gul Muhammad" P.W.14 before the Police furnishes satisfactory corroboration to the ocular evidence, judicial and extra‑judicial confessions. The impugned judgment does not suffer from any legal or factual infirmity warranting interference by this Court. The sentences awarded to the appellant, in the circumstances of the case, are quite appropriate.
6.The upshot of the above discussion is that there being no merit, the appeal is dismissed.
N.H.Q./R‑264/S Appeal dismissed.