1975 P Cr (PLP)

Usman Ghani, Asstt. A.- G. for the State. Date of hearing : 27th May‑ 1975. This criminal revision application under section 439, Cr. P. C. arises from the order of Sessions Judge, Karachi passed in appeal whereby the conviction and sentence recorded against the present applicants by Assistant Commis sioner & S. D. M., Old Town for offences under sections 366, 376 and 378, P. P. C. were maintained.

2. The prosecution case in brief is that on 8‑6-1968 at early dawn time Mst. Shamsunnissa, a minor girl of 14 , years, was kidnapped by force from outside her house in Saudahad, Karachi by applicant Nasib Khan. She was first confined in the house of Umar Khan where Nasib Khan committed rape on her. Finding that the fact of abduction had been published in newspapers Nasib Khan sent her with his nephew, accused Sulaiman, to Nawabshah. She was kept in Nawabshah with applicant Yamin. Yamin took her from there to the house of one Master Abdul Ghafoor so that she should be kept concealed Sulaiman committed rape en her in the house of Abdul Ghafoor. She was then left in charge of Yamin, brother of Sulaiman, who also outraged her modesty. Yamin sand Sulaiman then brought the girl back to Karachi and returned her to Nasib Khan at Orangi. Nasib Khan removed her to Banares Colony and kept her in the house of his nephew Jamil. After four days he brought her back to his own house. Meanwhile one Master Abdul Ghafoor from Nawabshah had written a letter to the girl's father at Karachi and with the help of that letter the police came at the house of Nasib Khan at Orangi and recovered the girl from him. Nasib Khan, his wife, Sulaiman, Yamin and others were sent up by Malir Police in the Court of S. D. M. Karachi who convicted accused Nasib Khan for offence u/s. 363, 366, 368, 376, and sentenced him to R. I. for three years on each count and a fine of Rs.1,000 or in default R. I. for one year more. He also convicted accused Sulaiman for offences u/s. 368 area 376, P. P. C. and sentenced him to similar terms. He convicted applicant Muhammad Yamin for offence u/s. 368 P. P. C. only and sentenced him to a similar term of 3 years R. I. and a fine of Rs. 1,000 or in default one dear R. I. Sulaiman and Muhammad Yamin preferred appeal before Sessions Court at Karachi which was dismissed. Convict Nasib Khan preferred a fail appeal which too was dismissed. All the three of them have then filed this revision application.

3. Mr. M. I. Merchant appearing on behalf of the applicants has frankly conceded that he does not press the application regarding applicants Nasib Khan and Sulaiman. He has, however, argued that the case against applicant Yamin has not been sufficiently established.

4. There are, however, concurrent findings of the learned S. D. M. as well as the learned Sessions judge, Karachi with regard to applicant Yamin that the offence of 308 has been clearly established against him on the evidence, oral and documentary. The S. D. M. has stated in his judgment that against Yamin on the, charge of wrongful confinement and concealment of Mst. Shamsunnissa, knowing that she had been kidnapped and abducted during 13th and 14th June 1968, there is evidence or Mst. Shamsunnissa herself and Master Ghafoor corroborated by tire letter sent by Master Ghafoor from Nawabshah and produced by Muhammad Wasil, father of the girl. It can hardly be disputed that applicant Yamin brought the girl from his own house to than of Master Ghafoor knowing that she had been kidnapped from Karachi. She was kept in that house so that she should remain concealed there. He even tried to outrage her modesty. Afterwards Yamin alongwith his brother Sulauman took the girl back to Karachi when Master Ghafoor threatened to inform tae police. At Karachi sire was again handed‑over to applicant Nasib Khan.

5. Regarding this applicant the observations of the leaned Sessions Judge are that the evidence of the prosecutrix against Muhammad Yamin stands corroborated by the testimony of Abdul Gahafoor; that there was no doubt that applicant Yamin had the knowledge that the girl had been kidnapped and he iii turn outraged her modesty. Thus applicant Yamin also assisted in concealing Mst. Shamsunnisa knowing that she hall beta kidnapped of abducted. I can, therefore, see no reason for interference in the course of these revision proceedings. The convictions cud sentences passed against all the three applicants are accordingly maintained and this revision application is dismissed.

6. Applicant Yamin is on bail, he may be remanded to custody to serve out the remaining unexpired portion of his sentence. Petition dismissed.