Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Pakistan Penal Code, (XLV of 1860), S. 354--Complainant/Respondent moved applications for amendment of charge from S. 354 PPC to S. 354-A and cancellation of bail bonds--Dismissal of--Crl. Rev. against--Acceptance of--Assailed--Allegations as contained in FIR, lodged at behest of respondent, prima facie, do not attract provisions of S. 354-A PPC--To attract this penal provision, two conditions must be fulfilled--Firstly, there should be stripping of clothes and secondly victim in that condition be exposed to public view--According to complainant himself clothes of victim were just torn and not stripped off--Exposure of victim to public at large, prima facie, is also missing--Offence u/S. 354-A PPC is punishable with death or imprisonment for life, therefore, accused should be indicated under this Section very carefully--Principle of interpretation of statute that while interpreting a penal clause, interpretation beneficial to accused should be preferred--Revisional Court failed to observe that prosecuting agency while registering case and submitting challan itself had found that it was a case falling within provisions of S. 354 PPC--Trial Court while framing charge was also of same view--Impugned order passed by Addl. S.J. from illegality, therefore, set-aside--Petition accepted. Interpretation of Statute-- ----Principle--Interpretation of statute that while interpreting a penal clause, the interpretation beneficial to the accused should be preferred. THIS ORDER PASSED BY: HASNAT AHMAD KHAN, JUSITCE--.--- Through this petition, the petitioners have challenged the order dated 22.6.2007 passed by a learned Additional Sessions Judge Mianwali, whereby the order dated 18.4.2007 passed by the learned Magistrate Section 30. Mianwali had been set aside and the application moved by the petitioners before the trial Court for amendment of the charge, had been accepted. 2. Brief facts of the case are that Muhammad Afzal/Respondent No. 2 lodged F.I.R. No. 97 dated 23.11.2006 with Police Station Chakralah, District Mianwali, in respect of offences under Section 354/109, P.P.C. After due investigation, a report under…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492