1996 P Cr (PLP)
Mst. SAKHIA KAUSAR‑‑‑Appellant Versus THE STATE‑‑‑Respondent
| Citation | 1996 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Ahmad Saeed Awan, J |
| Parties | Mst. SAKHIA KAUSAR‑‑‑Appellant Versus THE STATE‑‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑ |
Q1: What are the key laws and sections cited in 1996 P Cr (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Ahmad Saeed Awan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 P Cr (PLP) (Mst. SAKHIA KAUSAR‑‑‑Appellant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mira Munawar Hussain for Appellant.
Headnotes / Summary
‑‑‑‑S. 193‑‑‑False statement made before Magistrate‑‑‑Lady accused had been convicted by the Trial Court on her admission of having made a false statement before the Magistrate implicating co‑accused for abduction, Zina‑bil‑Jabr and coercive Nikah‑‑‑Said statement was urged to have been made by the accused due to fear of her parents and of police‑‑‑Ladies under harassment of police and of their parents are compelled to give such statement so as to build the prosecution we‑‑Justice is to be done arid provisions of the penal section are to be invoked in keeping with the norms of the society‑‑‑Accused was acquitted in circumstances. Muhammad Asif Khalil for the State.
Judgment & Decree
‑‑‑‑S. 193‑‑‑False statement made before Magistrate‑‑‑Lady accused had been convicted by the Trial Court on her admission of having made a false statement before the Magistrate implicating co‑accused for abduction, Zina‑bil‑Jabr and coercive Nikah‑‑‑Said statement was urged to have been made by the accused due to fear of her parents and of police‑‑‑Ladies under harassment of police and of their parents are compelled to give such statement so as to build the prosecution we‑‑Justice is to be done arid provisions of the penal section are to be invoked in keeping with the norms of the society‑‑‑Accused was acquitted in circumstances. Mira Munawar Hussain for Appellant. Muhammad Asif Khalil for the State. Learned counsel for the petitioner states that the petitioner made the statement due to fear of the parents as well as of the police.
2. I have gone through the judgment and relevant record. Mst. Sakina appellant got her statement recorded under section 164, Cr.P.C. before the Magistrate wherein she alleged abduction, Zina‑bil‑jabr and Nikah under coercion with Shafqat. Thereafter, challan of the case was submitted in the Court and she appeared before the learned Additional Sessions Judge, Lahore in which she resiled from her previous statement. She admitted that false statement before the Magistrate has been made by her. The learned Additional Sessions Judge issued notice under section 476, Cr.P.C. and ultimately she was convicted under section 193, P.P.C. and sentenced to one year with a fine of Rs.2,000.
3. It is a tendency in our society that in such cases the ladies of this age are always under coercion and harassment of police as well as their parents, and are compelled to give statement in such manner, so as to build the prosecution case. Needless to observe that justice is to be done and provisions of the penal section are to be invoked in keeping with the norms of the society. In these circumstances, I am inclined to dislodge the sentence awarded by the learned Additional Sessions Judge. Accordingly, I accept this appeal, set aside the conviction and sentence and acquit her. N.H.Q./S‑476/L Appeal‑accepted.