Law: Penal Code (XLV of 1860)

Section: 354-A,353

Law: Criminal Procedure Code (V of 1898)

Section: 347,561-A

(a) Penal Code (XLV of 1860)--- ----S.354-A---Assault or use of criminal force to woman and stripping her of her clothes---Pre-conditions---In order to attract S. 354-A, P.P.C., three conditions must be fulfilled viz (i) assault with criminal force to a woman; (ii) stripping her of her clothes; and (iii) exposing her to public view in that condition. (b) Criminal Procedure Code (V of 1898)--- ----S.347---Trial by Court of Session or High Court---Sending of case---Principles---Magistrate is fully empowered under S. 347, Cr.P.C., before signing of judgment, if it appears to him at any stage of proceedings that case is one which ought to be tried by Court of Session or High Court, to send, the case to the Court of Session or High Court. (c) Penal Code (XLV of 1860)--- ---Ss.353 & 354-A---Criminal Procedure Code (V of 1898), S.561-A---Outraging modesty of woman---Opinion of police---Sending case to Sessions Court---Grievance of accused was that Magistrate differed with investigation report and instead of trying the case himself sent the same to Court of Session for trial under S. 354-A, P.P. C.---Validity---Police report was not binding on Magistrate---Necessary element and decisive consideration for applicability of S. 354-A, P.P.C. was an assault or use of criminal force to any woman and striped her of her clothes and in that condition exposed her to public view which was real question, called for determination by Magistrate---Such necessary elements were uncertain and could only be resolved once, the trial had commenced and statement of complainant was recorded---High Court directed the Magistrate to commence the trial, record the statement of complainant and if from her statement, it appeared to him that a case under S. 354-A, P.P. C. was made out, he would send the case to Court of Session, for trial---Order passed by Magistrate was’ set aside---Application was allowed in circumstances. Karam Dad and another v. State and another PLD 2008 Lah. 308; Muhammad Ashraf v. The State 1989 PCr.LJ 1453; Qadir Shah and others v. State 2009 SCMR 913; Zulfiqar and 2 others v. The State 1996 PCr.LJ 620 and Hasnain Ali v. State 2004 PCr.LJ 1972 ref. ORDER MUHAMMAD ALI…

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