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Criminal Petition for Special Leave to. Appeal No. 253 of 1968, decided on 9th October 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 15th July 1968, in Criminal Appeal No. 516 of 1967).
S. 307‑‑Alibi, plea of‑Appeal against conviction‑‑High Court while dismissing appeal failing to take into consideration plea of alibi supported by three witnesses‑Special leave to appeal granted by Supreme Court to consider effect of such omission.
A. Waheed Khawaja, Advocate Supreme Court instructed by Masood Akhtar Sheikh, Attorney for Petitioner.
Nemo for the State.
Date of hearing : 9th October 1968.
The petitioner stands convicted under section 307, P. P. C. and sentenced to 4J years' rigorous imprisonment and a fine of Rs. 200.
It is stated by Khawaja A. Waheed from the bar that the plea of alibi raised by the petitioner before the trial Magistrate and the evidence of three defence witnesses led in support of it were brought to the notice of the learned Judge in the High Court but he has in dismissing the petitioner's appeal omitted to consider the plea which has caused prejudice to the petitioner. To consider the effect of the omission by the High Court to take into consideration the plea of defence leave to appeal is granted.
The prayer for bail is refused. Appeal to be made ready and to be fixed for hearing on an early date.
Leave granted.
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