1994 P Cr (PLP)

NAZIR AHMAD BHATTI, J: -- Inspector Zarif Khan of Anti- Kidnapping Cell N.-W.F.P. was investigating case of abduction of Mst. Shahnaz registered under F.I.R. No.274 of year 1974 in Police Station Dabgari under section 363, P.P.C. when on 11-7-1990 he learnt that the said abductee was being used as a prostitute by accused Mirza Shah alias Bacha resident of Nawagi but presently residing in Amangarh. The said Inspector raided the premises of the accused where he found 5 women named Mst. Naheed, Mst. Maryam alias Sajida, Mst. Sherbano, Mst. Sherina and Mst. Sultana. One other person Iqbal Hussain was also present there. The Inspector interrogated all the aforesaid persons and he came to know that accused Mirza Shah was carrying on the business of prostitution through all the aforesaid females with the assistance of Mst. Sherina and Mst. Sultana and that the aforesaid 3 females were of very young age. The Inspector also interrogated the said 3 girls and they confirmed the aforesaid allegation whereupon their fathers were called who stated that they had married their daughters to the accused but later on they came to know that their daughters were being compelled to indulge in prostitution. During investigation the said Inspector came to know that accused Mirza Shah, Gulzar Shah and Luqman Shah sons of Zewar Shah, Mst. Sherina, Mst. Sultana, accused Ashiq an Afghan Mohajir, accused Javed and accused Yousaf Jamal were acting as gang and used to marry girls and later on compelled them to indulge in prostitution.

2. The aforesaid Inspector arrested appellant Daud. Shah, accused Doulat alias Javaid Ashiq, Yousaf Jamal and Mst. Sherina and charged them under sections 13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 419, P.P.C. After investigation all the 5 accused were sent up for trial before the Additional Sessions Judge, Nowshera who charged all of them under sections 13 and 14 of the Hudood Ordinance and section 419, P.P.C. All the accused pleaded not guilty to the charges and claimed trial.

3. After the conclusion of the trial the learned Additional Sessions Judge acquitted accused Mst. Sherina, Ashiq, Doulat alias Javaid and Yousaf Jamal and convicted appellant Daud Shah under section 14 of the Hudood Ordinance and sentenced him to undergo imprisonment for life, to suffer 20 stripes and to pay a fine of Rs.20,000 or in default to further undergo rigorous imprisonment of 2 years. The convict/appellant has challenged his conviction and sentence by the appeal in hand.

4. During the trial Mst. Naheed, Mst. Sher Bano Mst. Maryam alias Sajida and Mst. Bakht Mala were examined as prosecution witnesses. They all stated that appellant Daud Shah had married them and a few months thereafter he compelled them to indulge in prostitution. They all stated that the appellant used to bring strangers to the house and compelled them to co habit with them in lieu of money. All the aforesaid female witnesses further stated that the appellant had married each of them with a different name and this fact came to their knowledge many days - after leading married life with him. Not only that P.W.5 Gulzar Shah, who is a real brother of appellant Daud Shah, also charged the appellant for having adopted the profession of pimp and supplied women to other men as prostitutes. P.W.6 Luqman Shah, the other brother of the appellant, also charged him for having adopted the aforesaid profession. P.W.7 Marjan, father of Mst. Sherbano, P.W.8 Afzal Khan, father of Mst. Naheed, also stated that they had married their daughters to the appellant, little knowing that he was a pimp and used to supply women to the other men for money. They further stated that they had come to know of his accusation against the appellant during investigation by complainant Inspector Zarif Khan.

5. In rebuttal the appellant denied the allegation against him in his deposition under section 342, Cr.P.C. He also made a deposition on oath wherein he again denied the allegation but he did not produce any defence. The appellant had also made a confessional statement on 12-9-1990 wherein he had stated that Mst. Naheed Mst. Sherbano and Mst. Maryam alias Sajida were his wives but Mst. Sultana was not married to him. He also stated that Mst. Sherina was also married to him but he had divorced her. He further stated that previously he was acting as a pimp but then he had given up the said profession. In his statement under section 342, Cr.P.C. he denied the making of any confession and deposed that his confessional statement was recorded in presence of police and P.S.I. Although the appellant denied the making of any confessional statement but in view of the aforesaid oral testimony of all the concerned females and his two real brothers, the confessional statement appeared to have been voluntarily made and its contents have been amply corroborated by the aforesaid ocular testimony.

6. Overwhelming evidence was brought on the record to prove the offence under section 14 of the Hudood Ordinance against the appellant. In rebuttal there was his solitary statement uncorroborated by any other testimony.

7. It was proved against the appellant beyond any doubt whatsoever that he had obtained possession of Mst. Naheed, Mst. Maryam alias Sajida and Mst. Sherbano as his wives and had employed them for the purpose of prostitution and the offence under section 14 of the Hudood Ordinance had been clearly proved against him. Consequently he was appropriately convicted and sentenced by the learned Additional Sessions Judge, Nowshera. We do not find any merit in this appeal which is dismissed. N.H.Q./889/FSC Appeal dismissed.