IJAZ-UL-HASSAN & MUHAMMAD QAIM JAN KHAN, JJ. Mst. FAZAL BEGUM vs HASSAN KHAN and another
This matter concerns a petition for leave to appeal filed by the complainant, Mst. Fazal Begum, against a judgment of the Peshawar High Court. The respondent had been convicted by the trial court under Section 354-A of the Pakistan Penal Code 1860 for outraging the modesty of the petitioner, receiving a sentence of life imprisonment. The High Court, on appeal, converted the conviction to Section 354 of the Pakistan Penal Code 1860, reducing the sentence to two years rigorous imprisonment. The petitioner challenged this conversion, arguing that the evidence was sufficient to sustain the original conviction under Section 354-A. The respondent contended that the essential ingredients of Section 354-A—specifically stripping a woman of her clothes and exposing her to public view—were absent, justifying the High Court's decision. The Supreme Court, after hearing arguments from both sides and the State, determined that the case warranted a reappraisal of the evidence. Consequently, the Court granted leave to appeal to examine whether the High Court was justified in converting the conviction.
- What are the essential ingredients required to establish an offence under Section 354-A of the Pakistan Penal Code 1860?
- Under what circumstances is the Supreme Court justified in granting leave to appeal for the reappraisal of evidence in a criminal case?
- Section 354-A, Pakistan Penal Code 1860
- Section 354, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 382-B, Code of Criminal Procedure 1898
ORDER
Ijaz-ul-Hassan, J.--Respondents Hassan Khan was tried by learned Additional Sessions Judge, Karak at Takhti Nasrati, in case FIR No, 163 dated 14.10.2003 registered under Section 354-A/34 PPC at Police Station `Takhti Nasrati' District Karak. At the conclusion of. trial, vide judgment dated 2.6.2005, respondent was convicted under Section 354-A, PPC and sentenced to life imprisonment with fine of Rs,20000/- and in default of payment of fine, to undergo further two years R.I. The respondent was also made liable to pay Rs,50,0000/- as compensation under Section 544-A, Cr.P.C. to Mst. Fatal Begum, victim or in case of default to undergo six months SI with the benefit of Section 382-B Cr.P.C.. The respondent, feeling aggrieved, filed appeal before learned Peshawar High Court, Peshawar which was partially accepted and after converting the conviction of the respondent from Section. 354-A/34 PPC to Section 354/34 PPC, respondent was convicted to suffer two years R.I. with a fine of Rs,20,000/-. Hence instant petition for leave to appeal by Mst. Fazal Begum.
2. We have heard in detail M/s. Shahzad Akbar Khan, Advocate for the petitioner, Barrister Zahoor- ul-Haq, Advocate for Respondent No, 1 and Attaullah Khan Tangi, learned Additional, Advocate- General, N-WFP representing the state. We have also gone through the record with their assistance.
3. It is mainly contended by learned counsel for the petitioner that overwhelming evidence was available on the file to prove that respondent was guilty of an offence under Section 354-A/34 PPC for outraging the modesty of his aunt Mst. Fazal Begum, which has not been appreciated in its true perspective, resulting in grave miscarriage of justice and that learned High Court was not justified to show leniency by converting the conviction of the respondent from Section 354-A/34 PPC to Section 354/34 PPC.
4. Learned counsel for Respondent No, 1, on the other hand, refuted the argument of learned counsel for the petitioner, supported the impugned judgment on all counts and contended that analysis of Section 354-A, PPC would indicate that two basic ingredients are to be satisfied to attract the penal provision of the section, firstly, the woman should be stripped off the clothes and, secondly, she should be exposed to public view in such condition. Both the ingredients according to learned counsel are missing in this case justifying conversion of the conviction from Section 354-A/34 PPC to Section 354/34 PPC.
5. Learned counsel for the State, however, supported the contentions of learned counsel for the petitioner whole heartedly.
6. After hearing learned counsel for the parties', we feel that a case for reappraisal of the evidence is made out. Leave to appeal is accordingly granted in this petition to examine in detail, inter alia, the contentions of learned counsel for the parties.