MUSHTAQ AHMED vs The STATE
This petition is directed against the order of the Lahore High Court dismissing the petitioner's criminal revision against his conviction under section 354 of the Pakistan Penal Code. The petitioner was originally convicted by the Special Railway Magistrate for an offence under section 354, P.P.C., and sentenced to two years rigorous imprisonment, which was subsequently reduced to six months by the Additional Sessions Judge, whose judgment was upheld by the High Court. The core legal question before the Supreme Court was whether the ingredients of an offence under section 354, P.P.C. were made out on the facts alleged by the prosecution, specifically whether slapping the complainant and pulling her Burqa causing it to tear constitutes outraging the modesty of a woman. The Supreme Court dismissed the petition, holding that the pulling and tearing of the Burqa of a pardah-observing Muslim lady when accompanied by an assault amounts to outraging the modesty of a woman within the contemplation of section 354, P.P.C. The key principle laid down is that acts directed against the religious or cultural attire of a woman, such as forcibly pulling and tearing her Burqa during an assault, satisfy the legal threshold for outraging modesty under section 354 of the Pakistan Penal Code.
- Does the pulling and tearing of a Burqa of a pardah-observing woman constitute outraging the modesty of a woman under Section 354 of the Pakistan Penal Code?
- Whether slapping a woman and tearing her veil amounts to an offence under Section 354, Pakistan Penal Code?
- Section 354, Pakistan Penal Code 1860
ORDER
NASIM HASAN SHAH, J.-This petition is directed against the order of a learned Single Judge of the Lahore High Court, Lahore, passed in Criminal Revision No. 159 of 1982.
2. The petitioner Mushtaq Ahmad was convicted and sentenced to two years R. I under section 354, P. P. C. By the Special Railway Magistrate Ist Class, Lahore, by his order dated 21-9-1981. On appeal, the learned Additional Sessions Judge, Lahore, maintained the conviction and reduced the sentence to six months R. I. Vide judgment dated 13-3-1982. He then filed a revision petition before the Lahore High Court but the same was also dismissed on 22-3-1982. Hence this petition.
3. The main submission of Malik Sher Bahadur, learned Advocate for the petitioner, is that the offence under section 354, P. P. C. Was not made out, even if the facts alleged by the prosecution were accepted. He submitted that the allegation against the petitioner was that he had slapped the complainant and even if this was so the petitioner could not be found guilt under section 354, P.
P. C. But we, however, find that in the evidence ofthe complainant the allegation also is that when the petitioner slapped her, Mst. Bashiran Bibi P. W. Tried to push her away, whereupon h pulled her Burqa which got torn from the front side. The pulling and tearing of Burqa of a pardah observing Muslim lady amounts to outraging the modesty of a woman within the contemplation of section 354, P. P. C.
This petition is, therefore, dismissed.