Law: Pakistan Penal Code, 1860

Section: 354A

Law: Criminal Procedure Code (V of 1898)

Section: 439

(a) Penal Code (XLV of 1860)-------S.354-A---Criminal Procedure Code (V of 1898), S.439---`Stripping' as occurring in S.354-A, P.P.C. meaning and scope---Son of respondent/complainant who was charged in murder case having absconded, police raided house of respondent and during that process, petitioner/police officer allegedly pulled away sheets covering the heads of womenfolk and they were also beaten---Respondent/complainant filed private complaint against petitioner police officer under S.354-A, P.P.C. and case was transmitted and was allocated to Additional Sessions Judge who entertained complaint and after recording statement of complainant, fixed case for framing of charge---Application of petitioner for deleting S.354-A, P.P.C. and for entrusting case to Judicial Magistrate, was rejected by Additional Sessions Judge---Analysis of S.354-A, P.P.C. would indicate that two basic ingredients were to be satisfied to attract said penal provision; firstly, the woman should be stripped off the clothes and; secondly, she should be exposed to public view in such condition---Complainant had argued that removal of `Dopatta' from the head of a Muslim lady would amount to stripping off her clothes and the exposure and that in circumstances, S.354-A, P.P.C. was strictly applicable---Dictionary meaning of word `stripping' was to remove the clothes or covering from a person and making him or her naked---Said word would also mean "the undressing of the person"---"Strip" would imply pulling or tearing off clothes, outer cover, etc. and even would connote forcible or even violent action and total deprivation---Removal of "Dopatta" from the head of a lady, in circumstances would not fall within purview of penal clause of S.354-A, P.P.C.---Removal of head gear could not be considered to be total deprivation of clothes of woman and woman moving without "Dopatta" was never considered to be naked in any sense of the term---Removal of "Chaddar" was considered to be the height of insult and violation of the privacy of females, but interpretation of removal of "Chaddar" from head could not in any case, be termed as stripping off the clothes or making a female naked--�Section 354-A,…