| Citation(s) |
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| 2025 SLG 1197 2025 SLD 1197 = 2025 SCMR 699 |
Supreme Court of Pakistan
Jail Petition No. 481 of 2019, decided on 12th February, 2025. (On appeal against the judgment dated 20.06.2019 passed by the Lahore High Court, Lahore in Criminal Appeals Nos. 200049-J of 2018, 104943 of 2017 and Criminal Revision No. 104946 of 2017). Date of hearing: 12th February, 2025.
PRESENT: ATHAR MINALLAH, IRFAN SAADAT KHAN AND MALIK SHAHZAD AHMAD KHAN, JJ
Faiz Muhammad Cheema, Advocate Supreme Court for Petitioner No. 1. Shahid Azeem, Aisha Tasneem, Advocates Supreme Court for Petitioners Nos. 2 and 3. Sajjad Hussain Bhatti, DPG for the State. Complainant in person.
Jail Petition No. 481 of 2019, decided on 12th February, 2025. (On appeal against the judgment dated 20.06.2019 passed by the Lahore High Court, Lahore in Criminal Appeals Nos. 200049-J of 2018, 104943 of 2017 and Criminal Revision No. 104946 of 2017). Date of hearing: 12th February, 2025.
PRESENT: ATHAR MINALLAH, IRFAN SAADAT KHAN AND MALIK SHAHZAD AHMAD KHAN, JJ
Faiz Muhammad Cheema, Advocate Supreme Court for Petitioner No. 1. Shahid Azeem, Aisha Tasneem, Advocates Supreme Court for Petitioners Nos. 2 and 3. Sajjad Hussain Bhatti, DPG for the State. Complainant in person.
ASIF MASIH AND 2 OTHERS ----PETITIONERS
VS
THE STATE ---RESPONDENT
Law: Penal Code (XLV of 1860)
Section: 365-B,376,496-B
Penal Code (XLV of 1860)-------Ss. 365-B, 376 & 496-B---Forcible abduction, forcible intercourse/rape and fornication---Reappraisal of evidence---Abduction---Proof---Punishment for fornication (Zina with consent) qua alleged abductee as a consenting party---Principle---Accused persons were convicted and sentenced by Trial Court for abducting daughter of complainant and committing Zina with her---Validity---Prosecution story of forcible abduction and rape of alleged abductee was the result of an afterthought of abductee and her family members after return of alleged abductee to her parents' house---No ornament or cash amount was recovered from any accused---As per medico legal report, no mark of violence was noted on the body of abductee---Neither it was a case of forcible abduction punishable under section 365-B, P.P.C. nor it was a case of forcible intercourse/rape punishable under section 376 P.P.C.---In view of the provisions of section 496-B, P.P.C., the abductee was not liable to be convicted and sentenced for offence of fornication (Zina with consent) as she was not made accused in the case by Police---No charge was framed against abductee by Trial Court and she was not provided a chance to cross-examine prosecution witnesses to defend herself---Abductee could not be convicted and sentenced in absence of fulfilment of such legal requirements---Supreme Court set aside conviction and sentence of accused for the charge under Section 376(i) P.P.C. but he was convicted under section 496-B, P.P.C. and was sentenced to undergo five years imprisonment---Appeal was dismissed.Muhammad Imran v. The State Criminal Misc. Application No. 374 of 2024 in Criminal Petition No. 725 of 2023 rel.JUDGMENT:MALIK SHAHZAD AHMAD KHAN, JUSTICE:---.---Asif Masih, Qasim Iqbal and Sajid Majeed, petitioners, were tried by the learned Additional Sessions Judge, Faisalabad, pursuant to a case registered vide FIR No. 847/2013 dated 14.08.2013 under Sections 365-B, 376, 109 P.P.C. at Police Station Madina Town, Faisalabad. The learned Trial Court vide its judgment dated 11.10.2017 convicted and sentenced the petitioners as under:-Asif MasihUnder Section 376(i) P.P.C.Sentenced to…