Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Penal Code (XLV of 1860)

Section: 363, 376

Criminal Procedure Code (V of 1898) S. 410 read with Penal Code (XLV of 1860), S. 363/376--Appeal (criminal) -Prosecutrix residing in neighbourhood and her state ment finding corroboration from medical evidence as well as testi mony of other prosecution witnesses-Prosecutrix seen in company of accused and factum of her recovery fully established----Nothing to suggest complainant or abductee having any .enmity against accused to falsely implicate him in case--Conviction maintained, is circumstances. Date of hearing: 20th January, 1981.                                                                                                                                JUDGMENT The appellant along with Mst. Sardaran and Zahida Parveen were tried by the learned Magistrate, Lahore; who vide his judgment dated 22nd November, 1979 acquitted Mst. Zahida Parveen and Mst. Sardaran while convicted 'Muhammad Asif appellant under section 366/376, P. P. G. and sentenced him to R. I. for seven years for each of the offences. The sentences of the appellant were however, ordered to run concurrently. The appellant has assailed the order of his conviction and sentences by means of this appeal. 2. The relevant facts of the prosecution case are that on 26th January 1976 Muhammad Nazir lodged F. I. R. at P. S. Misri Shah, Lahore regarding the abduction of his daughter Mst. Nasreen. Consequently a case under section 363, P. P. C. was registered against the accused. The informant reported that his daughter Mst. Nasreen aged 13/14 years, on 25th January, 1976 at about dupeharwela had gone to the house of the accused situated in the neighbourhood on the asking of Mst. Sardaran and did not return home. He was later on told by Mst. Zahida Parveen and Mst. Sardaran that the abductee had gone with Muhammad Asif appellant and would be restored to him on her availability. She…