Law:

Section:

Keywords: Rape, Partition, Enhancement, Register, Certificate, Government, Magistrate, Evidence, Kidnapping, Consent, Permission, Order, Examination, Conviction, Notice, Defence, Prosecution, Testimony, Dispute, Offences, Set Aside, Fine, Abduction Result: Order accordingly JUDGMENT Appellant Banney Khan was tried in respect of offences punishable under sections 366 and 376, P. P. C., for allegedly kidnapping Mst. Akhtarun nisa and committing rape or, her, and was convicted by the learned City and Additional District Magistrate, Karachi, by her judgment delivered on 21-6-1973, of the said offences, and was sentenced on the first count to suffer three months' R. I. And to pay a fine of Rs. 2,000 or in default to undergo further R. I. For 1 year, and on the second count to undergo R: I. For four years and to pay a fine of Rs. 3,000 or in default to suffer further R. I. For two years, the sentences to run consecutively. The appellant has challenged his convictions and sentences. By a short order, recorded on 18-6-1974 I had allowed the appeal of the appellant. I now proceed to give reasons therefor. The prosecution case, in brief, is that the appellant is the son of the brother-in-law of the first informant, Muhammad Salim, who was at the relevant time residing with his family in Golimar. The appellant and his relations had been demanding from Muhammad Salim the hand of his daughter, Mst. Akhtarunnisa, in marriage for the appellant but' according to Muhammad Salim he was opposed to the marriage. On 9-5-1969, at sometime in the afternoon, Mst. Akhtarunnisa left her house in order to make some purchases. It is alleged that on the way the appellant accosted her and was able to persuade her to accompany him, telling her that he would telephone her mother and obtain her permission for her to go with him. The appellant is first said to have taken Mst. Akhtarunnisa to a photo grapher's studio in Golimar where two photographs of her were taken, one with the appellant and the other alone. Thereafter, the appellant is said to have taken Mst. Akhtarunnisa in a rickshaw to his house, from where he picked up his sister-in-law and then both of them took Mst. Akhtarunnisa in the…

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