Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 496-A--Pakistan Penal Code, (XLV of 1860), S. 365-B--Applicability of Sections of Law--First consideration which bob up before Court is with regard to applicability of Sections of law either Section 365-B, PPC under which charge against accused/Appellant has been framed would be levied in circumstances of this case or accused/Appellant may be tried under -Section 496-A, PPC which section of law is missing in charge--Thus, if at all it was thought for by Sessions Judge/Zila Qazi that Section 365-B, PPC has been made applicable to case of accused/appellant and charge has been framed accordingly--Then will further come at time of applying of judicial mind that whether on basis of evidence led by prosecution it would have any effect if Section 496-A, PPC has not been levied at time of framing of charge--That effect of non-framing of charge would mean commencement of trial on an accused and without framing of charge, recording of evidence and other proceedings would be nullity in eye of law--Section 342, Cr.P.C. was mandatory provision which provided that charge would be framed and particulars of alleged offence had to be explained to accused to enable him to know about charge against him--Then non-framing of charge was not remediable under Section 537, Cr.P.C.--Therefore at all charge against accused/Appellant was considered under Section 365-B, PPC--Appeal was disposed of. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 365-B & 496-A--Conviction and sentence--Challenge to--Sentence converted--Offence of abduction and Zina--In wake above scenario abduction of abductee complainant is converted into taking away for purpose of illicit intercourse who being enticed with promise to be got married, but otherwise accused/Appellant has fulfilled his lust and therebythen left complainant at her home--Court is therefore of considered appraisal that in event when Mst. Samina has willfully came out from her house and accompanied accused/Appellant, later sexual intercourse was committed with her--Conviction and sentence in given circumstances of case is too harsh i.e. life imprisonment alongwith imposition of fine--Thus we…

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