Law:

Section:

Penal Code (XLV of 1860)-------S. 354/34---Constitution of Pakistan, Art. 185(3)---Assault or criminal force to woman with intent to outrage her modesty---Leave to appeal was granted to complainant by Supreme Court to reappraise the evidence in order to examine in detail, inter alia, if S. 354-A/34, P.P.C. was attracted in the case instead of S. 354/34, P. P. C. Shahzad Akbar Khan, Advocate Supreme Court and Sh. Wazir Muhammad, Advocate-on-Record for Petitioner. Barrister Zahoor-ul-Haq, Advocate Supreme Court for Respondent No. 1. Attaullah Khan Tangi, Advocate Supreme Court for Respondent No. 2. ORDER IJAZ-UL-HASSAN, J.---Respondent Hassan Khan was tried by learned Additional Sessions Judge, Karak at Takhti Nasrati, in case F.I.R. No.163 dated 14-10-2003 registered under section 354-A/34, P.P.C. at Police Station Takhti Nasrati, District Karak. At the conclusion of trial, vide judgment dated' 2-6-2005, respondent was convicted under section 354-A, P.P.C. and sentenced to life imprisonment with fine of Rs.20,000 and in default of payment of fine, to undergo further two years' R.I. The respondent was also made liable to pay Rs.50,0000 as compensation under section 544-A; Cr.P.C. to Mst. Fazal Begum, victim or in case of default to undergo six months S.I. with benefit of section 382-B, Cr.PC. The respondent, feeling aggrieved, filed appeal before learned Peshawar High Court, Peshawar which was partially accepted and after converting the conviction of the respondent from section 354-A/34, P.P.C. to section 354/34, P.P.C., respondent was convicted to suffer two years' R.I. with a fine of Rs.20,000. Hence instant petition for leave to appeal by Mst. Fazal Begum. 2. We have heard in detail Messrs Shahzad Akbar Khan, Advocate for the petitioner, Barrister Zahoor-ul-Haq, Advocate for respondent No.1 and Attaullah Khan Tangi, learned Additional, Advocate-General, N.W.F.P. representing the State. We have also…

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