Law: Penal Code (XLV of 1860)

Section: 494

Penal Code (XLV of 1860)--- ----S. 494---Marrying during lifetime of husband---Appreciation of evidence---Void marriage---Pre-condition---Accused persons were alleged to have married with each other during existence of valid marriage of lady accused---Trial Court convicted both the accused persons and sentenced them to imprisonment for four years---Validity---For establishing an offence under S. 494, Cr.P.C., existence of void marriage was a sine qua non---Provision of void marriage could not be pressed in cases of irregular or voidable marriages---Husband of lady accused was living therefore without proper separation from him she could not have entered into second marriage, and as such, her marriage with her co-accused was a void marriage---Lady accused was a married woman and male co-accused could not have entered into marriage with her during existence of first marriage who had willfully contracted void marriage---High Court declined to interfere in conviction and sentence awarded to both the accused persons by Trial Court---Appeal was dismissed, in circumstances. Mst. Nazir Yasin v. Yasin Faryat PLD 2000 Lah. 594; Abdul Sattar v. Mst. Zahida Perveeen and 10 others 1991 MLD 403 and Mst. Payari v. Faqir Chand Alakha AIR 1961 PH-549 rel. JUDGMENT MUHAMMAD IJAZ KHAN, J.---Through this single judgment, I intend to decide the instant Criminal Appeal No. 102-M of 2022 as well as connected Criminal Appeal No. 97-M of 2022 and Criminal Revision No. 27-M of 2022, as all these connected matters emanate from one and the same impugned judgment of conviction dated 17.03.2022 passed by the learned Additional Sessions Judge Shangla, vide which the appellants namely Ijaz Ahmad, Mst. Tasleem Bibi, Farid Khan and Mst. Salma Bibi were convicted and sentenced as follows; Appellants namely Ijaz Ahmad and Mst. Tasleem Bibi:- Under section 494, P.P.C. to four years simple imprisonment along with fine of Rs. 50,000/- each or in default thereof to suffer two months simple imprisonment. The Appellants were also extended the benefit of section 382-B, Cr.P.C. Appellants namely Farid Khan and Mst. Salma Bibi: Under section 114 read with section 494, P.P.C. to four years simple…

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