' ASSADULLAH KHAN CHAMKANI, J.---Having remained unsuccessful in getting bail from the courts below, petitioners/accused Muhammad Abdullah, Sharifullah and Abdul Azam, involved in case F.I.R. No,739 dated 27-8-2012, Police Station Chitral, registered under section 3547A/337-F(i)/34, P.P.C., have applied for post arrest bail to this Court.
2. On 27-8-2012, complainant Abdul Qadoos made report to police that on the day of occurrence at 13-00 hours, he was present in his house and heard the noise. On hearing the noise, complainant attracted to the place of occurrence and saw that accused Muhammad Abdullah, Sharifullah sons of Abdul Hamid, Akbar Hussain, Abdul Azam sons of Abdul Akbar were beating and outraging his daughter Mst. Shamshad Begum as a result of which she sustained injuries on, her body. On his interference, he was also beaten with sticks and stones and he also sustained injuries on his person. The occurrence was witnessed by Nasirullah and Faizullah, co-villagers of the complainant besides others present on the spot. The motive for the occurrence was stated to be a dispute over water.
' It would be significant to mention here that initially case was registered under' section 354, P.P.C.
And petitioners and co-accused were released on bail, but subsequently they were arrested when section 354-A/337-F(i)/34, P.P.C. Were added in the F.I.R.
3. Learned counsel for the petitioners argued that the accused/petitioners are innocent and have falsely been implicated in the present case; that police with the connivance of complainant later on added section 354-A/337-F(i)/34, P.P.C., which do not support the prosecution story; that the present petitioners were falsely charged due to previous family dispute between the parties. He prayed for released of the accused/petitioners on bail.
' On the other hand, learned A.A.-G. Assisted by learned counsel for the complainant argued that petitioners had outraged the modesty of woman which is heinous in nature and affect the whole society, therefore, accused/petitioners were rightly refused bail by the courts below.
4. To interpret the language used in section 354-A, P.P.C., it is appropriate to quote it below for ready reference, which reads as follows : -- " Assault or use of criminal force to woman and stripping her off her clothes. Whoever assaults or uses criminal force to any woman and stripes her off her clothes and, in that condition exposes her to the public view, shall be punished with death or with imprisonment for life, and shall also be liable to fine."
The plain reading of above provision of law would suggests that two basic ingredients are to be satisfied to attract the penal provision of section 354-A, P.P.C., firstly there should be stripping off the clothes of the woman and secondly, she in that condition be exposed to the public A view. The condition regarding stripping off a woman of her clothes is fulfilled when the clothes are removed making her naked. If in this naked condition she is exposed to public view then the second condition is satisfied. Reliance in this regard is placed on the case of "Qadir Shah and others v. The State" reported in SCM R 2009 913 and "Mst. Abida Jabeen v. Imtiaz Ahmad and others", reported in 1997 PCr.LJ 600 [Lahore]. In the present case, as per contents of F.I.R., the accused started abusing, caught hold of her by dragging her on the ground, torn her' clothes and insulted her besides causing injury to her are not B sufficient to constitute offence under section 354-A, P.P.C. The courts below have also not adhered to this aspect of the case.
' Moreover, the mala fide of police speaks of volumes in the sense that said section of law i,e, 354-A, P.P.C. Was added to the first information report, when petitioners were granted bail by the court of competent jurisdiction. This practice should be dealt with iron hands, because it is creating sense of insecurity and uncertainty in the society. The petitioners were first rightly charged under section 354, P.P.C., as per report made by the complainant, but later on section,354-A, P.P.C. Was added in the F.I.R. By the investigating agency for the reason that the same carries death/life punishment. It is also worth mentioning that absconding co-accused Akbar Hussain is stated to be the husband of victim Mst. Shamshad Begum.
' For the afore-said reasons, this application for bail is allowed and petitioners are directed to be released on bail provided they furnish bail bonds in the sum of Rs,1,00,000 (Rupees One Lac) each, with two sureties- each in the like amount to the satisfaction of Illaqa/Judicial Magistrate, who shall ensure that the sureties are local, reliable and men of means.