Law:

Section:

Penal Code (XLV of 1860)-----S. 366-Mere abduction not sufficient for offence under section Prosecution must also prove intention that woman abducted was to be subjected to illicit inter-course by use of force or seduction-Prostitute leaving of her own accord with accused with intention of giving up prostitution-Convic­tion under S. 366 set aside. Manzur Qadir, Senior Advocate Federal Court (M. Anwar, Advocate Federal Court with him) instructed by M. A. Rahman, Attorney for Appellants. Mahmud Ali, Advocate Federal Court instructed by M. Siddiq, Attorney for Respondent. Date of hearing : 21st May 1953. JUDGMENT CORNELIUS, J.-This appeal is brought before this Court by Hassain Ali Shah and Jumo, from an order of a Division Bench of the Sind Chief Court upholding their conviction by the Additional Sessions Judge of Hyderabad under section 366, P. P. C., and the sentences awarded there under, which were two years' rigorous imprisonment and a fine of Rs. 500 to Hussain Ali Shah and 15 months' rigorous imprisonment and a fine of Rs. 100 to Jumo. The abducted girl is a prostitute named Mst. Kaniz, and inmate of a brothel house in Hyderabad Sind, who was apparently the sole support of at least five other adults to whom her relationship is of the most doubtful kind. Her alleged mother Mst. Mumtaz and the latter's sister Mst. Imtiaz were also prostitutes, who had ceased to practise their profession in a gainful sense, and there had been living with them also their mother Mst. Qadri and two male parasites each named Imam Din. The first of these, Imam Din (P. W. 3) gave his occupation as "labour" but was honest enough to admit that he had been living for about six years with this group of prostitutes. The other Imam Din gave his occupation as "oil expeller" but he had to admit that he was maintained by Mst. Imtiaz and Mst. Mumtaz. Both these men appear to have "adopted" the prostitutes as their sisters, and each was candid enough to admit that, immediately after the girls' abduction, he expressed to certain persons, as his first re-action, that unless the return of the girl could be procured, all of them would starve. These facts are of importance for the reason that the…

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