Law: Penal Code (XLV of 1860)

Section: 366, 376

(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 1st March 1955, in Criminal Revision Application No. 34 of 1955).   Penal Code (XLV of 1860), S. 366 & 376-Conclusions reached by lower Courts, based on proper appreciation of evidence No interference by Supreme Court. Date of hearing : 8th March 1956. JUDGMENT SHAHABUDDIN, J.-The appellants were convicted and sentenced by the Additional City Magistrate, Karachi, appellant Naqab Shah to rigorous imprisonment for three years and fine of Rs. 500 under section 366 and appellant Feroze to rigorous imprisonment for three and a half years and a fine of Rs. 500 under section 376, P. P. C. Two others Mst. Syed Jinan, wife of the first appellant, and one Majid were also convicted and sentenced in respect of the same transaction by the same Magistrate Mst. Syed Jinan, owing to ill health, was sentenced to imprisonment till the rising of the Court and a fine of Rs. 25 under section 366 and Majid to rigorous imprisonment for one year under section 376/109, P. P. C. and six months' rigorous imprisonment under section 342, P. P. C. All the convicted per sons except Mst. Syed Jinan appealed to the Chief Court of Sind in its sessions jurisdiction and while Majid's appeal was allowed and he was acquitted, the appeals of the present appellants were dismissed. The matter was then taken up to the Chief Court in its High Court jurisdiction and the revision petitions of the present appellants were summarily dismissed. This is an appeal by special leave from the judgment of the Chief Court. The case for the prosecution was that on 20th August 1952 the first appellant and his wife kidnapped P. W. 2 Mst. Taj Bibi, a girl of 13/14 years of age to a shop saying that they would take her to a garden and give her ornaments, that she was kept in a room where at night appellant Feroze raped her twice gagging her, and the acquitted accused Majid hit her and threatened her with a knife when she tried out. A report was made to the police on the 20th by P. W. 1, the father of P. W. 2, stating that she was missing and that he suspected that the appellants, the wife of the…