Pakistan Case LawWAHEED alias GOGI Versus THE STATE
This petition for leave to appeal arose from the conviction of the petitioner, Waheed alias Gogi, for the attempted commission of Zina-bil-Jabr with a five-year-old minor. The trial court convicted the petitioner under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, sentencing him to three years of rigorous imprisonment and fifteen stripes. The Federal Shariat Court subsequently dismissed the petitioner's appeal, maintaining the conviction. The core legal question before the Supreme Court was whether the concurrent findings of the lower courts regarding the petitioner's guilt, based on the testimony of the minor victim and supporting witnesses, warranted interference under the Court's appellate jurisdiction. The Supreme Court found no infirmity in the evidence or the impugned judgment, noting that the prosecution witnesses were credible and the delay in the First Information Report was adequately explained. Consequently, the Court refused leave to appeal, upholding the conviction and sentence. The judgment reaffirms the principle that where concurrent findings of fact by lower courts are supported by reliable evidence, the Supreme Court will not interfere with such findings in its appellate jurisdiction.
- Does the Supreme Court interfere with concurrent findings of fact by lower courts when the evidence is credible?
- Is the testimony of a minor victim sufficient to sustain a conviction for attempted Zina-bil-Jabr when supported by other witnesses?
- Can the Supreme Court grant leave to appeal where the evidence has been consistently believed by two lower courts?
ORDER
MUHAMMAD MUNIR KHAN, J.---This petition for leave to appeal arises from the facts that Waheed alias Gogi was tried by the Additional Sessions Judge, Chichawatni, for attempt to commit Zina-bil- Jabr with Rabia Iram aged five years on 5-1-1994 in his Baithak situate in Ward No,16, Gau Shala, Chichawatni, who, vide his judgment dated 1-12-1994 convicted him under section 18/10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and sentenced him to three years' R.I. And fifteen stripes. The appeal filed by the petitioner against his conviction and sentence was dismissed by the Federal Shariat Court on 20-12-1994. Benefit of section 382-B, Cr.P.C. Extended by the trial Court was remained intact. Hence this petition.
2.Mst. Rabia Iram P.W.4 has stated that at the eventful time she was playing in the street in front of her house. The present petitioner took her to his Baithak, removed her Pajama and attempted to commit Zina with her. The alarm attracted Muhammad Anwar and others to the place of occurrence and on their arrival the petitioner ran away. Muhammad Anwar P.W.3 and Sultan Ahmad P.W.5 have fully supported the case of the prosecution. In his statement under section 342, Cr.P.C., the petitioner raised the plea of false involvement due to quarrel which took place prior to the occurrence between his family members and women of the complainant party. When asked as to why the witnesses had deposed against him, his answer was "I do no know as to why the P.Ws. Have deposed against me." He did not produce any evidence in defence and also declined to make statement on oath in disproof of charge against him.
3.Learned counsel for the petitioner has been heard. The conviction of the petitioner rests on the statement of Mst. Rabia Iram aged five years, supported by Muhammad Anwar P.W.3 and Sultan Ahmed P.W.5 The three witnesses have been believed by the two Courts. The delay in the F.I.R. Has been explained. We do not find any infirmity in the evidence or in the A impugned judgment warranting any interference by this Court in exercise of its powers under Article 203F(2B) of the Constitution of the Islamic Republic of Pakistan, 1973.
4.Leave to appeal is, therefore, refused and the petition is dismissed.
Judges on this bench
- Muhammad Munir Khan2,344 judgments
- Mir Hazar Khan Khoso453 judgments
- Maulana Muhammad Taqi Usmani169 judgments