1. WAHIDUDDIN AHMAD J.--Petitioner Muhammad Iqbal was tried under sections 376 and 302, P. P. C.
2. By the learned Sessions Judge, Dera Ghazi Khan, for committing rape upon Mst. Sabri, a girl aged 8/9 years and thereafter for murder by strangulating her with her dopatta m at uninhabited dera of Zulfiqar Khan. The learned Sessions Judge, by judgment dated the 25th July 1968, acquitted the petitioner of the charge under section 376 but convicted him under section 302, P. P. C. And sentenced him to death. The petitioner's appeal, namely, Criminal Appeal No. 787 of 1968 (Murder Reference No. 242 of 1968) was dismissed by judgment dated the 12th February 1970, by a Division Bench of the West Pakistan High Court, Lahore. The petitioner seeks permission to file an appeal against the said judgment.
3. The prosecution case is that on the morning of 12th April 1967, P. W. Faqir Bakhsh sent his daughter Mst: Sabri deceased to bring curry for him from the bazar. As she did not turn up, Faqir Bakhsh went out in search for her. He was met by Noor Din and Ali Ahmad P. Ws. In the street. He asked them to help him in searching his daughter. They joined him. On teaching near an uninhabited dera of Zulfiqar Khan, they heard screams coming out from the dera. The door of the dera was pushed but as it was chained from inside the witnesses scaled over the wall and found the petitioner sitting on the chest of Mst. Sabri deceased. She was lying dead and a dopatta was found around her neck.
4. The petitioner, on seeing them, tried to escape but was apprehended on the spot. Faqir Bakhsh P.
5. W. Recovered on a search, two ear rings, Exh. P. 1-2, nose ring, Exh. P. 3 and a pair of bungles, Exh. P.
6. 4, of the deceased from the pocket of the shirt of-the petitioner.
7. The conviction of the petitioner is based on the testimony of P. W. 9 Faqir Bakhsh, father of the deceased and P. Ws. Noor Din and Ali Ahmad. It is also based on the confessional statement-of the petitioner.
8. Even otherwise there is reliable independent evidence against the petitioner to prove that he was responsible for the murder of deceased Mst. Sabri, a girl of about 8/9 years. There is no ground to disbelieve their evidence because the prosecution witnesses had no motive to falsely charge the petitioner with the crime. The medical evidence also shows that Mst. Sabri was strangulated. In these circumstances, the conviction of the petitioner is based on proper appreciation of the evidence. There is no ground to interfere. The petition is dismissed.