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Petition for Special Leave to Appeal No. 261 of 1967, decided on 10th October 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 26th July 1967, in Criminal Revision No. 796 of 1967).
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----- Background of enmity towards convict petitioner ; long delay in reporting wish two inconsistent explana tions and visible defects in evidence of prosecutrix-Review of evidence, held, in circumstances, desirable for safe dispensation of justice-Leave-to appeal granted -Constitution of Pakistan (1962).58
Ali Raza, Supreme Court instructed by Abdur Razzaque, Attorney for Petitioner.
Nemo for the State.
Date of hearing : 10th October 1967.
-In this case, a prosecutrix and her son have been accepted as sufficient witnesses to prove a rape. There was a background of enmity towards the petitioner, who stands convicted of the rape, there was a long delay in report ing for which two inconsistent explanations were offered, there were visible defects in the evidence of the prosecutrix, e. g., that she said the act of copulation continued for an hour, when the evidence is that the accused was surprised in the act, there were no bodily injuries on the prosecutrix.
In the circumstances it seems desirable for the safe dispensa tion of justice that the evidence should be reviewed and we accordingly grant leave as prayed. The petitioner will be released on bail to the satisfaction of the Ilaqa Magistrate.
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