Law: Penal Code (XLV of 1860)

Section: 451, 354

Penal Code (XLV of 1860) Ss. 451 & 354-House trespass Assaulting woman to outrage her modesty---Prosecution version improbable 'and statements of witnesses for prosecution inconsistent and. contradictory--Medical evidence giving no support to prosecution case-Accused's. statement not recorded by police during investiga tion, thereby not enabling police to inspect place of occurrence as differently given by accused or to recover any incriminating articles from such place--Recovery of broken bangles from compound of victim s house, in circumstances, hell, of no corroborative value Such pieces of bangles or other incriminating article might well have been recovered from place from place of occurrence given by accused Conviction set aside.   JUDGMENT Muhammad Hussain son of Haji Muhammad who at the time of occurrence was said to be 20 years of age, is convicted by the two Courts below for offences under sections 451 and 354, P. P. C. for having criminally assaulted Mst. Razia Begum, a dumb girl of about 16 years with a view to outraging her modesty. Upon both counts lie was awarded the sentence of six months rigorous imprisonment and five stripes of whipping. Muhammad Hussain has filed this revision application from jail questioning the legality of his conviction and sentence. 2. T he prosecution case, shortly stated is that at about digarwela on 22-2-1964 the petitioner and his cousin Ghulam Hussain who has been acquitted by the learned Sessions Judge jumped into the house of Mst. Razia Begum by climbing over the common wall which separated their houses. No sooner they entered the house of Mst. Razia they are alleged to have assaulted her with a view to outraging her modesty. During the course of struggle Mst. Razia Begum is alleged to have bitten the petitioner and in the process also suffered bruises and scratches. The occurrence is alleged to have been witnessed by the minor brother of Mst. Razia Begum namely Muhammad Yusaf and both of them are said to have raised alarm which attracted the attention of their father, complainant Muhammad Aslam at a distance of 50-60 yards from his house when he was returning from duty. He therefore rushed to his…