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1987 SCMR 1857

MUHAMMAD QASIM And Another vs THE STATE And Another

Citation1987 SCMR 1857
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No.204 of 1987 Criminal Miscellaneous
Date1987-07-21
Judge(s)Nasim Hasan Shah, Saad Saood Jan
ResultPetition dismissed

ORDER

1. JAVID IQBAL J.--This petition for leave to appeal has been filed by Mohammad Qasim and Mohammad Zaheer petitioners both police officers against whom a case-has been registered on 14th February 1987 for offences under section 365/342/506/34, P.P.C. Read with section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance No. VII of 1979 at Police Station Multan Cantt. At the instance of Akmal Mir Khan, a student of F.A. And son of Postmaster, Head Post Office, Multan.

2. The allegation against the petitioners briefly is that they forcibly tried to commit sodomy on Akmal Mir Khan. The petitioners applied for bail before arrest which was rejected. Thereafter the lapse of ten days they applied for post arrest bail which was accepted by the Additional Sessions Judge, Multan vide his order dated 18th March 1987. Thereupon Akmal Mir Khan complainant filed petition for cancellation of bail granted to the respondents which was allowed by the learned Single Judge of the Lahore High Court Multan Bench. Hence the present petition for leave to appeal.

3. Learned counsel for the petitioners attempted to argue that Akmal Mir Khan complainant- respondent did not know the petitioners, could have not even known their names and could not even identify them. Therefore according to the learned counsel the petitioners have been falsely implicated in this case. It was also submitted that two PWs had given affidavits exonerating the petitioners. These arguments were also raised before the learned Single Judge who after considering them rejected the same for the reason that prima facie there would appear to be no reason for Akmal Mir Khan complainant who belonged to a respectable family and was F.A.

4. Student to have lodged a false report tarnishing his own character and inviting wrath of two police officers namely the present petitioners and that furthermore there was nothing on the record to show that there had been any previous enmity between the parties.

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