| Case ID |
3335ce80-0e1a-463e-bea5-25e1beaf4c62 |
| Body |
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| Case Number |
Criminal Appeal No. 162 of 1979 |
| Decision Date |
Jul 04, 1983 |
| Hearing Date |
|
| Decision |
The Supreme Court partly allowed the appeal, converting the conviction and sentence under section 364 A of the Penal Code to one under section 363. The appellant was awarded a sentence of seven years' rigorous imprisonment. The Court found that while the offence of kidnapping was established, the specific circumstances did not meet the criteria for the more severe charge under section 364 A. The case highlighted the complexities surrounding the age of the abductee and the intentions behind the kidnapping, ultimately leading to a lesser conviction. |
| Summary |
This case revolves around the kidnapping of Mst. Hamera, a child abducted at the age of five. The Supreme Court of Pakistan reviewed the conviction of the appellant under section 364 A of the Penal Code, which pertains to the kidnapping of minors for the purpose of murder or grievous hurt. The Court examined the testimonies and evidence presented, particularly focusing on the age of the abductee and the nature of the alleged kidnapping. It was determined that the appellant had not intended to cause grievous harm or slavery to Mst. Hamera, leading to a reevaluation of the charges. The judgment illustrates the legal nuances of child abduction cases, emphasizing the need for careful consideration of intent and circumstances in such sensitive matters. The decision underscores the importance of legal protections for minors and the responsibilities of guardians in safeguarding their welfare. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, ACTG. C.J.,
ASLAM RIAZ HUSSAIN,
MUHAMMAD AFZAL ZULLAH,
SHAFIUR RAHMAN,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
M. Kowkab Iqbal,
Ghulam Dastgir,
Ejaz Ahmad Khan
|
| Petitioners |
ABDUL HAFEEZ
|
| Respondents |
THE STATE
|
| Citations |
1983 SLD 281,
1983 SCMR 1143
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860)
|
| Sections |
185(3),
364 A,
361,
363
|