Law: Pakistan Penal Code (XLV of 1860)

Section: 354

Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 18

Law: Constitution of Pakistan 1973

Section: 203-F

(a) Penal Code (XLV of 1860)-�---- S.354 --- Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.18-Constitution of Pakistan (1973), Art. 203-F --- Leave to appeal was granted to consider whether the case fell under S.18 of the Ordinance, 1979 or the conviction recorded under S.354, P.P.C. is legal.(b) Penal Code (XLV or 1860)------ S.354 --- Offence, essential elements to constitute --- Expression "outrage modesty" not defined, act of violence or mischief to the indignation or annoyance of a woman would constitute offence under S.354, P.P. C.-Actual intention of committing rape is not contemplated by S.354, P.P. C.Corpus Juris Secundum, Vol. 22 ref.(c) Penal Code (XLV of 1860)------ S.354 --- Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.18 --- Words "assault" as mentioned in S.354, P.P. C. and "attempt" as mentioned in S.18 of the Ordinance --- Distinction --- Thin line between the words "assault" and "attempt" exists and it is always a question of fact to be determined on the material on record, keeping in view the attending circumstances of a particular case.In "attempt" the accused commits some overt act towards achieving his object but cannot succeed due to interruption by some external facts and circumstances which are not connected with the object of the accused. He fails to attain the object through some independent circumstance. An accused who has made certain movements in execution of completing his design but failed to consummate the substantive offence due to the intervention of certain facts the attempt is complete. If the attempt had succeeded the natural result would be that the offence charged would have been committed.An assault with the intention of committing rape is not contemplated by section 354, P.P. C. An accused who has devised certain acts towards completing his design but cannot succeed due to the arrival of the prosecution witness, will be guilty under section 18 of the Ordinance.Corpus Jutis Secundum, Vol. 22; Mst. Saiqa v. The State 1988 PCr.1J 2364; Muhammah Khan v. The State 1984 SCMR 893; Mureed Ahmad v. The State 1985 SCMR 9107; Shaukat v. The State PLD 1982 FSC 179 and Abdul Majid v. The…