341. Punishment for wrongful restraint.--Whoever wrongfully restrains any person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to [one thousand five hundred rupees], or with both.
COMMENTARY
1. Obstruction. Obstruction would mean a positive act to interrupt public servant from carrying on his public duties. The physical obstruction and mere threat would not amount to obstruction. 2002 PCr.LJ 530. Prosecution must prove that the complainant has a right to proceed towards a particular direction or way. 1996 PCr.LJ 735.
2. Taking forcibly child by father. Taking forcibly child from lawful guardian by his father does not constitute an offence of kidnapping. 2001 PCr.LJ 31.
3. Appraisal of evidence. Fate of criminal case, however, does not totally depend upon existence of discrepancies in statements of prosecution witnesses, therefore, on basis of contradictions case against appellant was not a case of acquittal. All witnesses had blamed appellant, that even after occurrence, he came with hatchet from his house and started threatening victim of dire consequences. Trial Court and First Appellate Court had rightly awarded appellant sentence of "Hakoomat-e-Adal "amounting to Rs. 40,000/-. Enhancement of such amount and conviction and sentence awarded to appellant by Shariat Court was set aside. PLJ 2003 SC (AJK) 164.
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