Law: Penal Code (XLV of 1860)

Section: 363

Penal Code (XLV of 1860)  S. 363-Kidnapping from lawful guardianship-Minor girl, below 14 years, taken away by accused to their house while girl came out of her house to feed dogs-Taking away of girl not satis factorily proved to be forcible and appearing to have been without opposition of minor-Accused, held, still guilty of offence under S. 363-Sentence-Minor not having been taken away forcibly against her will, substantial reduction in sentence, held, called for-Accused sentenced to 9 months' R. I. Dates of hearing ; 20th and 27th November 1972.                                                                                                                          JUDGMENT Appellants Ghulam Rasool son of Imdad Ali Sheikh and Faiz Muhammad son of Sherali Mangwani were tried on charge under sections 363/368/34 P. P. C. by the Sessions Judge, Dadu, who by his judgment dated 30-5-70, convicted both of them under sections 363/34 P. P. C. and sentenced each of them to R. I. for two years and to pay a fine of Rs. 300-(in default R. I. for three months more). The appellants have filed a joint appeal through Mr. Abdul Karim Lakhani, Advocate, and the State has been represented before me by Mr. Fasihuddin, Advocate. 2. Briefly stated the facts of the cast are that Mst. Husna, said to be aged about twelve years was living with Amir Bux her step-father, as her mother after being divorced by her first husband Nabi Bux had married Amir Bux. On 15-1-69 at about 10 p.m. Mst. Husna came out of her house in the town of Khairpur Nathan Shah for the purpose of giving food to the dogs. She did not return for more than half an hour so that her step-father Amir Bux and her step-brother Rasool Bux came out of their house for search. Prosecution witness Shamsuddin met them in the street and told them that the two appellants had been seen by him dragging away the girl and in…