Law:

Section:

Penal Code (XLV of 1860) -- S. 364-A-Kidnapping-Accused deceitfully kidnapping a minor girl of 4/5 years, subjecting her to torture, constantly keeping her under fear of grievous hurt making her to work in films and receiving her earnings-Incident and whole transaction tantamounting to a highly aggravated form of slavery and torture-Callous act of accused too gruesome and immoral so as to attract any leniency-Continuous mental torture and agony of parents of abductee for about 6J years not comprehensible-Deterrent sentence of death, held, only sentence called for in particular circumstances of case for curbing social evils and dealing with such type of criminals-Conviction maintained and death sentence confirmed.-[Sentence-Kidnapping]. JUDGMENT AFTAB FARRUKH, J.-Abdul Hafeez, son of Ghulam Muhammad, caste Bbatti, resident of Zahir Pir, District Rahimyar Khan, has been sentenced to death by Mian Abdur Rahman, Additional Sessions Judge, Lahore, vide judgment dated 6-7-1977, for the offence under section 364-A, P. P. C. in respect of the abduction of Mst. Hamera alias Billo (P. W. 3), aged five years at time of occurrence, by the appellant on 20.1(-1969, from Said Mitha Bazar, Police Station Tibbi, City Lahore. The case has been referred to this Court under section 374, Cr. P. C. for the confirmation of death sentence. The appellant has filed this appeal through jail .which is Cr. A. No. 912 of 1977. Both the Murder Reference and the appeal are being disposed of together by this judgment. 2. The case for the prosecution succinctly stated is that on 20111969, at about 5 p. m. Mst. Hamera was playing in Said Mitha Bazar along with other girls of that age, where the shop of Taj Din complainant is situated. (Taj Din has gone abroad and his report is proved by his brother Muhammad Bashir (P. W. 2), father of the abductee). She did not return home after the breaking of the fast. The complainant searched all around and on failing to find her, believing that some criminal had forcibly abducted her, ultimately, lodged the report (Exh. P. C. 1Y to that effect on 25-11-1969, i.e. after five days, which was recorded by Bashir Ahmad A. S. I. (P. W. 6) of Police Station Tibbi,…

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