Law: Penal Code (XLV of 1860)

Section: 354-A/504/34

Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

(a) Penal Code (XLV of 1860)--- ----S. 354-A---Assault or use of criminal force against woman and stripping her of her clothes-- -Scope and application of S.354-A, P. P. C.--¬Section 354-A, P.P.C. has been incorporated to protect the modesty and honour of the woman---Where a person exposes a woman to public view in a way in which she would not like to appear in public by stripping her of clothes, he is liable to be prosecuted under S.354-A, P.P.C.---Making the woman completely nude is not necessary---Tearing off a- substantial portion of the dress of a woman exposing her body to general public so as to humiliate her in such condition attracts the applicability of S.354-A, P.P.C. --Stripping off the clothes of a woman and compelling her in such condition to view of the public are the requirements of the section. Abdul Latif and another v. The State 1991 PCr.LJ 194 and Mst. Abida Jabeen v. Imtiaz Ahmed and others 1997 PCr.LJ 600 dissented from. (b) Interpretation of statutes--- ---- Statute should be interpreted in such a way that it should advance the remedy and suppress the mischief. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.354-A/504/34---Bail, grant of---Accused were not alleged in the F.I.R. to have assaulted the victim, stripped her of her clothes and in that condition exposed her to the public view, which were the essential ingredients of S.354-A, P.P.C. and the same, prima facie, was not attracted in the case---Affidavits of the complainant and grandfather of the victim who claimed to be present on the spot, showed that they had not identified the accused persons---Case against accused needed further inquiry as envisaged by S.497(2), Cr.P.C.---Accused were admitted to bail accordingly. Abdul Latif and another v. The State 1991 PCr.LJ 194 and Mst. Abida Jabeen v. Imtiaz Ahmed and others 1997 PCr.LJ 600 dissented from. THIS JUDGMENT DELIVERED BY: KHILJI ARIF HUSSAIN, JUSTICE:---.--- This bail application has been moved by applicant Hasnain Ali son of Ali Nawaz and Abid Hussain son of Moula Bakhsh against whom case has been registered vide F.I.R. No. 48 of 2004 at P.S Bhiria City District Naushero Feroze, under…

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