Law: Penal Code (XLV of 1860)

Section: 307, 366, 149, 452

(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 11th August 1969, in Criminal Appeal No. 125 of 1967). Penal Code (XLV of 1860), Ss. 307 & 366 read with Ss. 149 & 452-Abduction-Accused F along with 5 others charged and con victed for committing house trespass and forcibly taking away a married woman by show of force-Abducted woman naming only F as having entered house and forcibly lifted and carried her away other accused having been with accused F, common object of all, held, was to commit house trespass in order to forcibly take away married woman-All accused not only justifiably convicted by Courts below but also leniently dealt with and held, should have been convicted under S. 366/307/149, P. P. C.-Special Leave to Appeal refused by Supreme Court. Date of hearing: 7th January 1970. ORDER WAHIDUDDIN AHMAD, J.-The petitioners were tried for offences under sections 452/149, 307/149 and 366/149, P. P. C. by the Sessions Judge, Sukkur. They were convicted on the 12th April 1967, under section 452/149, P. P. C. and sentenced to suffer rigorous imprisonment for three years each and also to pay a fine of Rs. 500 or in default to suffer rigorous imprisonment for six months. Their sentence was upheld by a learned Single Judge of the High Court in Criminal Appeal No. 125 of 1967 by order dated the 11th August 1969. The case of the prosecution against them is that the peti tioners, out of whom, two were armed with lathis and one with pistol, entered the house of Sultan in village Khan Goth and forcibly carried away Mst. Beeban, the wife of Sultan, on the 7th December 1965 at Somani time. It is alleged that Mst. Beeban raised alarm, which attracted P. W. Macha, brother-in-law of Mst. Beeban and some other villagers including P. W. Ayub. They chased the petitioners. Fazal, one of the petitioners, fired towards them with pistol, which hit P. W. Ayub in his leg. The chase was given up and the petitioners took away Mst. Beeban in a jeep which was parked on the road at some distance from the house of Ayub. They took her to Murid Minor from where they got down from jeep and took away Mst. Beeban with them.…