IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 163 of 2018

Appellant: Gul Nawab through Mr. Mir Naqi Ali advocate for the appellant

The State: Through Mr. Khadim Hussain Additional Prosecutor General Sindh

Date of hearing: 29.08.2022

Date of judgment: 29.08.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that the appellant with rest of the culprits enticed away Mst. Naheed, a young girl aged about 15 years, said to be wife of Abdul Rehman with intention to subject her to illicit intercourse for that the present case was registered. After due trial, the appellant was convicted under Section 376(1) PPC and sentenced to undergo rigorous imprisonment for 10 years with fine of Rs.50,000/- and in default whereof to undergo simple imprisonment for 02 months with benefit of section 382-B Cr.P.C by learned VI-Additional Sessions Judge, Karachi East vide judgment dated 16.02.2018, which is impugned by the appellant before this Court by preferring the instant appeal.

2. It is contended by learned counsel for the appellant that the appellant being innocent has been involved in this case falsely by the complainant in order to satisfy his matrimonial dispute with him; the FIR has been lodged with delay of about 02 days and evidence which has been brought on record by the prosecution was not enough to base conviction. By contending so, he sought for acquittal of the appellant or alternatively he prayed for reduction of the sentence to one which the appellant has already undergone by modifying the punishment as offence at the most would fall u/s 496-A PPC.

3. Learned Addl. P.G for the State by supporting the impugned judgment has sought for dismissal of instant appeal.

4. Heard arguments and perused the record.

5. It was stated by complainant Sharif Khan in his FIR that Mst. Naheed was married with Abdul Rehman and she was enticed away by the appellant with intention to have a rape with her. Whatever is stated by him in his FIR, takes support from his evidence. P.W/victim Mst. Naheed has supported the complainant in his version to the extent that she was enticed away and was subjected to illicit intercourse by the appellant. DNA report is positive. The appellant during course of his examination under Section 342 Cr.P.C and on oath has made no denial to the allegation made against him by claiming PW/victim Mst. Naheed to be his wife. In that situation, no way is left but to conclude that the prosecution has been able to prove its case against the appellant beyond shadow of doubt but for an offence punishable under Section 496-A PPC.

6. In view of above, the sentence is modified, consequently, the appellant is convicted u/s 496-A PPC and is sentenced to undergo rigorous imprisonment for 07 years with fine of Rs. 50,000/- and in default whereof to undergo simple imprisonment for 02 months with benefit of Section 382-B Cr.P.C.

7. Subject to above modification, instant appeal is dismissed.

JUDGE