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2003 YLR 3200

GHULAM AHMAD vs THE STATE

Citation2003 YLR 3200
CourtLahore High Court
Case No.Criminal Appeal No.151/J of 1999 and Criminal Appeal No.213 of 1998
Date-
Judge(s)Khawaja Muhammad Sharif
ResultPetition dismissed

This judgment will dispose of Criminal Appeal No. 151/J of 1999 filed by Ghulam Ahmad, appellant through jail who was convicted under section 365-A, P.P.C. And sentenced to imprisonment for life with the benefit of section 382-B, Cr.P.C. By Judge Special Court, Gujranwala vide judgment dated 20-2-1999.

2. Briefly stated the facts of the case are that on 28-9-1998 in the evening, Faiza aged 6/7 years daughter of the complainant went out of the house to play but did not return. Search was made and through special source, it was learnt that the mirror was kidnapped by Ghulam Ahmad for ransom. The complainant indicate that both the Courts below had taken into consideration the evidence of the parties which had been recorded during the trial. There is no force in the argument that the judgments and decrees of the learned Courts below were result of non-reading or misreading of the evidence. Even otherwise, while exercising the writ jurisdiction, it is not possible to undertake an extensive appraisal of the evidence produced by the parties so as to find out that the impugned judgments and decrees are the result of any non-reading or misreading of evidence.

Evidently, the learned trial Court as well as the learned First Appellate Court had taken into consideration the statements of the witnesses of the petitioner as well as of respondent No.3 and had delivered the judgments after attending to the evidence existing on record. Consequently there is no justification to declare that the impugned judgments and decrees dated 24-2-1999 and 18-1-2000 passed by the learned Courts below are illegal or without lawful authority.

5. The writ petition is clearly without any lawful basis and same is accordingly dismissed.

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