[366. Kidnapping, abducting or inducing woman to compel her marriage, etc.--Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person against her will, or in order that she may be forced or reduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and also be liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other methods of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.]
COMMENTARY
1. Scope. Pir misusing his influence. 1983 SCMR 38. Mere abduction not sufficient to obtain conviction under S. 366. 1969 SCMR 491.
2. Appreciation of evidence. Prosecution evidence, amply proved that there was a fight between the parties and conviction of accused under S. 366, P.P.C. was not justifiable. No independent evidence was available on record to establish the charge of abduction, nor it was proved as to which party was the aggressor. One of the alleged accused persons had lost his life as a result of the fight and it was not known whether anybody was tried for killing him. Benefit of doubt was extended to the accused and he was acquitted in circumstances. 2006 PCr.LJ 460. Accused were convicted by Trial Court for abduction as described under S. 366, P.P.C. and sentenced them to ten years imprisonment. Federal Shariat Court, in appeal, found the accused guilty under S. 11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and maintained the sentence awarded by trial Court. Plea raised by the accused was that the version of prosecution was not consistent and had given different stories of the incident. Further plea raised by the accused was that as per medical evidence, neither any mark of violence was found on the body of abductee, nor she was subjected to the act of rape and her hymen was found intact. 2006 PSC (Crl.) 185.
Conviction of accused under S. 366 PPC not justifiable. Benefit of doubt extended to the accused. 2006 PCr.LJ 460 (FSC).
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