354. Assault or criminal force to woman with intent to outrage her modesty.--Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
COMMENTARY
Application. Removing of shalwar of unmarried girl. Case covered under Section 18 of Zina Ordinance VII of 1979. PLD 1982 FSC 179. But if the accused does not succeed in his attempt, the case would fall under S. 354, P.P.C. PLD 1983 F.S.C. 53. It may take serious charge, if the offence is coupled with holding of the breast of a woman and removal of the lion-cloth by the male assailant. 1983 SCMR 842. 1984 SCMR 893. Pulling and rearing of Burqa of a pardanasheen lady amounts to outraging her modesty. 1982 SCMR 951. Federal Shariat Court competent to hear appeal if accused charged with under this Section read with Ordinance VII of 1979. 1984 SCMR 167; 1989 SCMR 1851. Statement of prosecutrix supported in material particulars. 1989 PCr.LJ 1606. Non production of I.O. 1989 MLD 4074. Quantum of sentence 1989 PCr.LJ 1606. Compromise--No ground to acquit. 1991 PCr.LJ Note 288 (p. 202). Act of violence or mischief to the indignation or annoyance of a woman--Constitute offence. PLD 1991 S.C. 705. It is not save to base conviction on improved version of the occurrence given during trial in Court. 1997 SCMR 1500. Catching hold by arms, dragging, removing shalwar etc.-Such series of acts. constitute offence under Section 18 of the Zina Ordinance 1979 and not under Section 354, P.P.C. PLD 1991 S.C. 705. Kissing and embracing not covered by any of Laws relating to Hudood and even not punishable under any of the Sections of Penal Code. 1988 PCr.LJ 2321. Prosecutrix differing from FIR. 1989 MLD 187. Episode on account of bitterness and acrimony. 1989 MLD 727. A person who commits trespass in order to commit an offence which is liable to be punished with imprisonment for 25 years, S. 450 P.P.C. would be straightaway attracted. PLJ 1993 S.C. 26. Police resorting to violence while pursuing investigation. Unlawful object. 1990 MLD 1402. Accused crossing stage of preparation. PLD 1989 FSC 13. Incumbent upon Trial Court to elicit definite opinion as to nature of injury. 1989 MLD 741.
Two versions. Iota of doubt to house treaspssing by accused. Appreciation of evidence. Prosecution's version which was plausible more probable and appealed to mind was to be accepted when both parties were telling lies. It is the duty of Court to sift grain from chaff convicted and sentenced the appellants and acquitted them of murder charge. Prosecution witnesses found nothing which would create doubt other prosecution witnesses corroborated the abductee for accused appellants could not point out material contradiction or discrepancy there is overwhelming irrefutable and credible evidence which pave way to the truthfulness of prosecution version. Independent eye witnesses named in F.I.R. were produced which create great doubt. Medical evidence cannot identify perpetrator of the offence. PLJ FSC 2007 81.
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