Law: Penal Code (XLV of 1860)

Section: 368

Penal Code (XLV of 1860) S. 368-Accused having knowledge of kidnapping of girl taking her from his house to another person's house for concealment and even trying to outrage her modesty but on such person's threatening to report matter to police taking girl back and handing her over to person who kidnapped her-Offence under S. 368, held, proved against accused in circumstance. Date of hearing : 27th May- 1975.                                                                                                                           JUDGMENT This criminal revision application under section 439, Cr. P. C. arises from the order of Sessions Judge, Karachi passed in appeal whereby the conviction and sentence recorded against the present applicants by Assistant Commis sioner & S. D. M., Old Town for offences under sections 366, 376 and 378, P. P. C. were maintained. 2. The prosecution case in brief is that on 8-6-1968 at early dawn time Mst. Shamsunnissa, a minor girl of 14 , years, was kidnapped by force from outside her house in Saudahad, Karachi by applicant Nasib Khan. She was first confined in the house of Umar Khan where Nasib Khan committed rape on her. Finding that the fact of abduction had been published in newspapers Nasib Khan sent her with his nephew, accused Sulaiman, to Nawabshah. She was kept in Nawabshah with applicant Yamin. Yamin took her from there to the house of one Master Abdul Ghafoor so that she should be kept concealed Sulaiman committed rape en her in the house of Abdul Ghafoor. She was then left in charge of Yamin, brother of Sulaiman, who also outraged her modesty. Yamin sand Sulaiman then brought the girl back to Karachi and returned her to Nasib Khan at Orangi. Nasib Khan removed her to Banares Colony and kept her in the house of his nephew Jamil. After four days he brought her back to his own house. Meanwhile one Master Abdul…