Law: Constitution of Pakistan, 1973

Section: 203F(2A)

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--Ss. 10(3), 11 & 16--Constitution of Pakistan (1973), Art.203-F(2-A)--Taking or enticing any woman with intent that she may have illicit intercourse with any person--Police constable compelling a woman to go with him giving out that he was taking her to Police Station for interrogation took her to other places and committed Zina-bil-Jabr--Accused was convicted under Ss.10(3) and 11 of Ordinance (VII of 1979) and sentenced to 15 years rigorous imprisonment on each count, whipping and fine--Conviction of accused was upheld and sentence awarded for abduction enhanced to imprisonment for life--Order impugned-­Question arising whether in view of evidence on record he could be convicted under S.11 or was guilty of offence under S.16 of Ordinance (VII of 1979)--&W, since the woman was enticed or taken away (within the meaning of the said terms under S.16 of Ordinance) rather than "kidnapped" or "abducted" (within the meaning of these terms in S.11), accused was held guilty of offence under S.16 rather than offence under S.11--Sentence of accused was reduced from life imprisonment to 15 years' R.I. and both sentences ordered to run concurrently. Aziz Ahsan, Advocate Supreme Court and Mahmood A.Qureshi, Advocate-on-Record (absent ) for Application (in CrA.No.7(S)/87). S.D. Qureshi, Advocate Supreme Court for the State. Nemo for the Petitioner (in J.P. No.22-R(S)/87). Date of hearing: 6th August, 1988. JUDGMENT NASIM HASAN SHAH, J.--This judgment will govern Criminal Appeal No.7(S) of 1987 and Jail Petition No.22-R(S) of 1987, as both are directed against the judgment and order of the Federal Shariat Court dated 19-2-1987. The relevant facts are that on 1-10-1983, the mother of the complainant had gone, to Karbala Gamey Shah and her daughter, Mst. Razia Begum (complainant), after sometime, was proceeding to Karbala Gamey Shah to bring her back, when a young man intercepted her near the wagon stand and started to compel her to accompany him. As she refused to comply with his demands he called her Gushti and gave 2/3 slaps on her face and asked her to sit in the rickshaw. The complainant raised hue and…

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