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LIAQAT versus STATE


Article 4 ((())) Appeal Leave is not properly defined by the lower courts, which is not a remission of leave to appeal [Proof]

1982 S C M R 1085

Present : Aslam Riaz Hussain and M. S. H. Qureshi JJ

LIAQAT-Petitioner

Versus

THE STATE-Respondent

Criminal Petition No. 182 of 1982, decided on 23rd June, 1982.

(Against the order of Lahore High Court dated 12-4-1982 passed in Cr. Revision No. 107/1982).

Constitution of Pakistan (1973)-

----Art. 185(3)-Leave to appeal-Fact of evidence having not been correctly appreciated by lower Courts, held, no round for grant of leave to appeal.-[Evidence].

F. M Anwari, Advocate Supreme Court with Sh. Abdul Karim, Advocate on-Record for Petitioner.

Nemo for the State.

Date of hearing : 22nd June, 1982.

ORDER

ASLAM RIAZ HUSSAIN, J:-

The petitioners were convicted for offence under section 366/323, P. P. C. by a Magistrate section 30, Lahore, and sentenced to 3 years R. 1 with a fine of Rs. 500 each and one month's R. I. each under section 323, P. P. %,. On appeal their conviction was maintained, Their criminal revision was dismissed by the High Court, vide the impugned judgment.

Not feeling satisfied they have now filed the present petition for Leave to Appeal.

2 Learned counsel for the petitioners submitted that the Courts below have not correctly appreciated the evidence. We are afraid this is not a good ground for grant of Leave to Appeal by this Court.

The petition is, therefore, dismissed.

Petition dismissed

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