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| 2025 SLG 2239 2025 SLD 2239 = 2025 SHC 560 |
Criminal Appeal No.S-38 of 2024 Criminal Appeal No. S-39 of 2024 Criminal Appeal No. S-40 of 2024 Criminal Appeal No. S-41 of 2024
The Complainant Through Mr. Munwar Ali Shaikh advocate. The State Though Mr. Mansoor Ahmed Shaikh, Deputy Prosecutor General.
Through Mr. Shabbir Ali Bozdar, Advocate. Through Mr. Shabbir Ali Bozdar, Advocate. Through Mr. Sajjad Ahmed Khokhar Advocate. Through Mr. Rukhsar Ahmed Junejo Advocate.
Appellant Arz Muhammad @ Arzoo son of Ali Murad bycaste Bhayo (Now confined in Central Prison Khairpur. Appellant Abdul Wahid @ Adloo son of Allah Rakhio by caste Bhayo (Now confined in Central Prison Khairpur). Appellants 1. Ashiq Hussain son of Ghous Bux. 2. Ghous Bux son of Punhal Both by caste Bhayo (Now confined in Central Prison Khairpur). Appellants 1. Allah Rakhio son of Khuda Bux. 2. Khuda Bux son of Allah Rakhio Both by caste Bhayo (Now confined in Central Prison Khairpur.
Law: Pakistan Penal Code (PPC),1860
Section: 365-B,148, 149,493-A
Summary:
The judgment dated 30-04-2024 by IVth Additional Sessions Judge/Gender Based Violence Court Khairpur in Sessions Case No. 01/2018 involved appellants convicted under Sections 365-B, 148, and 149 of the Pakistan Penal Code (PPC) for abduction and related offences. The appellants were sentenced to life imprisonment and fined compensation, with additional jail time for non-payment.
Core Points:
Prosecution Case: The complainant alleged that his unmarried daughter, Gul Bano, was abducted forcibly by the accused with the intent of compelling her marriage or illicit intercourse. The FIR was lodged after a delay of 15 days. The victim later disclosed names of alleged accused in statements recorded under Section 164 Cr.P.C. The accused denied the charges, claimed the victim married one accused (Ashiq Hussain) willingly, and produced documents (Nikah-Nama and affidavits) supporting this.
Trial and Evidence: Multiple prosecution witnesses were examined, including the complainant, victim, and investigator. Contradictions arose regarding identification of accused and sequence of events. The victim filed petitions in Lahore High Court and Sessions Court seeking protection from her family, complicating the prosecution narrative.