LIAQAT ALI alias DODA vs THE STATE
This matter concerns a petition for leave to appeal against an order of the Lahore High Court, which had previously dismissed the petitioner's revision against his conviction and sentence. The petitioner was tried and convicted under Section 354 of the Pakistan Penal Code 1860 for trespassing into a residence and outraging the modesty of a woman, receiving a sentence of one year rigorous imprisonment and a fine. The core legal question was whether the evidence presented at trial, particularly the testimony of an independent witness, was sufficient to sustain the conviction. The Supreme Court held that the prosecution had proven its case beyond any shadow of doubt. The Court found no merit in the petitioner's arguments, noting that the testimony of the independent witness, who lacked animus against the petitioner, remained unchallenged and credible. Consequently, the Court determined that the case was not a fit one for leave to appeal and dismissed the petition, thereby upholding the lower courts' concurrent findings of guilt.
- Is the testimony of an independent witness without animus sufficient to sustain a conviction under Section 354 of the Pakistan Penal Code 1860?
- Does a petition for leave to appeal warrant interference when the prosecution has proven its case beyond any shadow of doubt?
- Section 354, Pakistan Penal Code 1860
ORDER
1. ' GHULAM MUJADDID, J.---There is hardly any merit in this petition for leave to appeal against the order of the Lahore High Court dated 30-9-1989 whereby the revision filed by the petitioner was- dismissed.
2. ' The petitioner was tried and convicted under section 354, P.P.C. He was sentenced to one year R.I.
3. And line of Rs,2,000, or in default three months S.I., which was upheld in appeal as well as in revision.
4. ' On 29-8-1987 at 8 a.m., when Mst.Zahida Parveen was on her own, the petitioner while armed with knife trespassed into her house and threatened her to outrage her modesty. He caught hold of her breast and started kissing the girl. It was on the intervention of Faryad Ali and others that the girl was saved from further damage.
5. Prosecution proved its case beyond any shadow of doubt.
6. ' Learned counsel was unable to advance any effective argument as to why the evidence of Faryad Ali is to be rejected especially when the witness was independent and had no animus to falsely depose against the petitioner.
7. ' Not a fit case for leave to appeal. Dismissed.