| Case ID |
3cc7c25f-52e7-4452-8496-e565489f0020 |
| Body |
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| Case Number |
Criminal Appeal No. 503 of 1957 |
| Decision Date |
Feb 20, 1958 |
| Hearing Date |
|
| Decision |
The Lahore High Court upheld the conviction of Asghar for the crimes of rape and murder under sections 376 and 302 of the Penal Code. The court confirmed the death sentence imposed by the Sessions Judge, emphasizing the heinous nature of the crime against a five-month-old infant. The court found that the accused acted with intention and knowledge that his actions were likely to cause death or serious bodily harm. The court rejected the defense's argument that the accused had an excuse for his actions, as the law does not recognize such justifications for committing acts of violence. The court noted that the evidence presented was compelling, including eyewitness accounts and medical testimony regarding the nature of the injuries inflicted on the victim. The judgment reinforces the principle that individuals must be held accountable for their actions, particularly in cases involving the most vulnerable members of society. |
| Summary |
This case involves the conviction of Asghar for the brutal rape and murder of a five-month-old infant, Ghulam Rabia. The Lahore High Court reviewed the evidence presented, which included testimonies from eyewitnesses and medical experts. The court found that the accused had acted with intent to cause death or serious injury, thereby committing murder as defined under section 302 of the Penal Code. The court also addressed the argument regarding the accused's state of mind, concluding that he could not claim a legitimate excuse for his violent actions, even if motivated by perceived personal grievances. The court emphasized the gravity of the crime and the importance of protecting the rights of the most vulnerable individuals in society. The decision affirms the necessity of strict penalties for heinous acts, particularly those involving children, and serves as a deterrent against similar offenses in the future. Keywords such as 'child protection', 'justice for victims', 'rape and murder laws', and 'accountability in crime' are essential in understanding the implications of this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
A. R. CHANGEZ,
MASUD AHMAD
|
| Lawyers |
Nazir Ahmad Khan,
Maqbool Ahmad,
Ata Ullah Sajjad
|
| Petitioners |
Asghar
|
| Respondents |
The State
|
| Citations |
1958 SLD 132,
1958 PLD 395
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
300,
302,
376
|