P L D 1964 (W (PLP)

Date of hearing : 3rd February 1964. Shahu alias Shahan, aged 25 years, and four other persons, Ghulam Hyder, Siddik, Khabar and Rahmatullah, were jointly tried by tire learned Sessions Judge, Dadu, under sections 147, 148, 366, 366‑A, 376, 379 and 452, P. P. C. Shahu was convicted under section 363, P. P.C. and sentenced to six months' rigorous imprisonment by order dated the 31st of March 1962, the remaining accused being acquitted. Shahu has now appealed.

2. The prosecution case as put forward at the trial is that Mst. Hajra (P. W. 2) and Mst. Ghulam Fatima (P. W. 3) are sisters. Mst. Ghulam Fatima being married to Haji (P. W. 8). On the night of the 10th of March 1961, either Shahu and Siddik or Shahu, Siddik and Ghulam Hyder (there is a discrepancy between the statements of Mst. Hajra and Mst. Ghulam Fatima on this point) entered Haji's house in village Vejhi and, after breaking open a box and removing clothes, ornaments and Rs. 700 in cash, forcibly abducted the two girls. They were made to sit at Shahu's bicycle, and at a distance of about one mile from the house were joined by the remaining accused. They were seen by Buxal (P.W. 5), Nural (P. W. 6) and Abdul Sattar (P. W. 7). The girls were taken successively to Sita Road, Dadu, Sehwan and Laki, and in the last‑mentioned place were kept at the house of one Shah. Mst. Hajra was raped by Ghulam Hyder, while Mst. Ghulam Fatima also had sexual intercourse with Shahu appellant of her own free will. From Laki Mst. Hajra and Mst. Ghulam Fatima were taken by train to Kotri and from there to Hyderabad.

3. Although the absence of the two girls was discovered by the male members of their family on the night of the alleged abduction, the first information report, Exh. 23, was not lodged until two days later, when it was made at 11‑30 a. m. by Haji P. W. It was recorded by Muhammad Musa (P.W.13), who also conducted the initial investigation. Ghulam Hyder accused was found at his house on the 13th of March 1961, but although the house was searched, nothing incriminating was re covered. The investigation was subsequently handed over on the 26th of March to Abdur Razzaq, S. H. O. (not produced).

4. On the 26th of April Ghulam Hyder accused produced Mst. Hajra and Mst. Ghulam Fatima at Police Station Khairpur Nathan Shah. They were sent by Gehimal, S. H. O. (P. W. 14), for medical examination, which was carried out by Dr. Ausaf Husain (P. W. 1). Skiagrams were also taken and Mst. Hajra was found to be 12 to 14 years of age and Mst. Ghulam Fatima 20 to 22 years. No marks of violence were observed on the persons of either of the girls, and Mst. Hajra was found to be used to sexual intercourse.

5. The appellant and his co‑accused all pleaded not guilty and ascribed the case to enmity, which is alleged to have arisen out of an election.

6. The learned Sessions Judge carne to the conclusion that both the girls had gone voluntarily with Shahu appellant and that the alleged marriage between Haji and Mst. Ghulam Fatima had not been proved. Shahu's conviction is based on the con sideration that as Mst. Hajra was below the age of consent, the appellant was guilty of the offence of kidnapping.

7. The case against the appellant rests entirely on the evidence of Mst. Hajra and Mst. Ghulam Fatima. The difficulty in the way of the prosecution, however, is that on the learned Sessions Judge's own findings both these witnesses have shown a reckless disregard for the truth. There is thus considerable) force in the argument of learned counsel for the defence that in the absence of reliable corroboration of their statements, it would be highly dangerous to maintain the conviction of the appellant.

8. Mr. Zahur‑ul‑Haq for the State very frankly and fairly conceded that the conviction of the appellant cannot safely be upheld on the basis of the evidence of two perjured witnesses. I accordingly accept the appeal, set aside the conviction and sentence of the appellant, and acquit him. His bail bond is discharged. S. Q. Appeal accepted.