| Case ID |
2239738a-9bd7-418b-99b2-fc9043fccdb4 |
| Body |
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| Case Number |
Crl. A. No. 171-M of 2015 |
| Decision Date |
Mar 20, 2017 |
| Hearing Date |
|
| Decision |
The Peshawar High Court reviewed the case of Sher Hakim, who was initially convicted and sentenced to life imprisonment under Section 365-B of the Pakistan Penal Code (PPC) for abduction and illicit intercourse. The court found that the charge under Section 496-A was not included in the original charge sheet. The judges noted that the prosecution's evidence indicated that the complainant, Mst. Samina, had willingly left her home under the pretense of marriage with the accused. Therefore, the court converted the conviction from Section 365-B to Section 496-A, reducing the sentence to a maximum of seven years and a fine of Rs. 50,000. The court emphasized that the initial sentence was too harsh given the circumstances of the case. |
| Summary |
This case revolves around the conviction of Sher Hakim for abduction and illicit intercourse under the Pakistan Penal Code. The court examined the applicability of Sections 365-B and 496-A, ultimately determining that the initial charge was improperly framed. The complainant, Mst. Samina, was found to have left her home willingly, which played a significant role in the court's decision to convert the charge and reduce the sentence. The ruling underscores the importance of proper charge framing and the implications of consent in cases of alleged abduction and illicit sexual relations. Keywords include 'abduction', 'illicit intercourse', 'Pakistan Penal Code', 'consent', and 'conviction reduction'. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MS. MUSARRAT HILALI,
JUSTICE MUHAMMAD IBRAHIM KHAN,
JUSTICE SHER HAKIM
|
| Lawyers |
Mr. Rahimullah,
Mr. Sabir Shah,
Muhammad Ikram Khan
|
| Petitioners |
Sher Hakim
|
| Respondents |
STATE AND ANOTHER
|
| Citations |
2018 SLD 1961,
2018 PLJ 501
|
| Other Citations |
2011 PCr.LJ 158,
2014 PCr.LJ 1753,
1969 SCMR 491,
1987 P Cr.LJ 122,
2015 MLD 850,
2012 MLD 337,
2013 PCr.L.J. 1786,
2014 P Cr. LJ. 865,
2015 MLD 339,
1999 PCr.LJ. 2086,
2015 PCr.LJ 1741,
2009 YLR 2169,
1998 P Cr.LJ 1177,
2011 SCMR 1127,
1995 SCMR 1345,
2002 P Cr. LJ (Shariat Court (AJ K),
2015 P Cr. LJ. 1269,
2013 YLR 106,
1986 PCr.LJ 272
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
496-A,
365-B
|