| Citation(s) |
|---|
| 1973 SLG 162 1973 SLD 162 1973 SCMR 488 |
Supreme Court of Pakistan
Criminal Appeal No. 15 of 1971, decision dated: 28th May 1973.(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 2nd April 1968, in Criminal Appeal No. 685 of 1966)
MUHAMMAD YAQUB ALI, ACTG. C.J., SALAHUDDIN AHMED, ANWARUL HAQ AND MUHAMMAD GUL, JJ
Malik Muhammad Akbar, Advocate Supreme Court for Appellant. M. A. Bajwa, Advocate Supreme Court instructed by Sh. Ijaz Ali, Advocate-on-Record for the State
Criminal Appeal No. 15 of 1971, decision dated: 28th May 1973.(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 2nd April 1968, in Criminal Appeal No. 685 of 1966)
MUHAMMAD YAQUB ALI, ACTG. C.J., SALAHUDDIN AHMED, ANWARUL HAQ AND MUHAMMAD GUL, JJ
Malik Muhammad Akbar, Advocate Supreme Court for Appellant. M. A. Bajwa, Advocate Supreme Court instructed by Sh. Ijaz Ali, Advocate-on-Record for the State
MAQBOOL HUSSAIN
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860), S. 364-A-Kidnapping girl under 10 years-Appreciation of evidence-Father and girl, aged 6, having gone on a visit to a relation's house in another locality, accused luring away girl to a deserted house and trying to rape her but detected by prosecution witnesses and girl released-Accused pleading false case due to enmity of prosecution witnesses with his uncle-Held : That girl's father should have gone to another place and consent to bring infamy to his infant daughter to oblige prosecution witnesses not possible to believe -One day's delay in making first information report- Understandable in peculiar circumstances of case-Delay merely indicative of father's hesitancy to initiate proceedings involving sex offence against his infant daughter particularly when attempt to commit offence did not succeed. It is impossible to believe that the girl's father should come from one place to another and consent to bring infamy to his infant daughter to oblige the three principal prosecution witnesses merely to harass accused's uncle by falsely implicating his nephew. The suggestion is extravagantly fanciful and was rightly rejected by the lower Courts. The delay in making the report is also understandable in the peculiar circumstances of the case. It is merely indicative of the hesitancy of the father to initiate the proceedings involving sex offence against his infant daughter particularly when the attempt to commit the offence did not succeed. (b) Penal Code (XLV of 1860), Kidnapping girl under 10 years-Girl aged 6 years going with her father to another locality and engaged in play-Accused inducing girl to accompany him to a deserted house and trying there to rape her-Held : Girl while engaged in playing remained in lawful custody of her father Custody terminated as soon as girl was induced to accompany accused to a deserted place for purpose of satisfying his animal lust-Ingredients of offence under S. 364-A satisfied and accused rightly convicted. The girl while she was engaged in playing, remained in the lawful custody of her father, which was terminated, as soon as she was induced to accompany the accused towards the deserted house…
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