ABDUL HAMEED and others vs THE STATE
This matter comes before the Shariat Appellate Bench of the Supreme Court of Pakistan upon a petition for leave to appeal against the judgment of the Federal Shariat Court, which had upheld the convictions and sentences of six petitioners under Section 354-A of the Pakistan Penal Code 1860. The petitioners were originally sentenced to life imprisonment by the trial court for an offence involving the stripping of a woman. The core legal question presented for consideration is whether the offence under Section 354-A of the Pakistan Penal Code 1860 is attracted when the alleged occurrence takes place inside a private room at midnight, thereby lacking the element of public exposure required by the statute. Upon reviewing the submissions regarding the First Information Report and the site plan, the Court found merit in the contention that the private nature of the location might negate the essential ingredients of the offence. Consequently, the Court granted leave to appeal to examine whether the statutory requirements for the offence were satisfied given the specific circumstances of the crime scene.
- Does the offence under Section 354-A of the Pakistan Penal Code 1860 require the occurrence to take place in a public space or in view of the public?
- Can a conviction under Section 354-A of the Pakistan Penal Code 1860 be sustained if the incident occurred inside a private room at midnight?
- Section 354-A, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ORDER
' JUSTICE TARIQ PARVEZ, CHAIRMAN.---Six persons were found guilty under section 354-A, P.P.C. And were awarded life imprisonment each, with fine of Rs,5,000 and in default whereof to further undergo six months' R.I., benefit of section 382-B, Cr.P.C. Was also awarded ,to them, by the learned trial Court. Same was maintained in Criminal Appeals separately filed by each of the petitioner by the Federal Shariat Court.
2. Learned counsel for the petitioner has read out the contents of F.I.R. Before us and taken us to the site plan of this case. His submission was that according to the F.I.R. Read with sketch map given of the scene of crime the alleged occurrence had taken place inside the room at mid night, therefore, section 354-A, P.P.C. Were not attracted as there was no exposure to the public. In view of the submissions made by the learned counsel for the petitioner, leave to appeal is granted, inter alia to consider the above submissions.