Muhammad Iqbal son of Salehoon, his brother A.I Muhammad, Bakhsha son of Lala, Lala son of Shera, Shera son of Jalal, Muhammad Khan son of Baho, Shera son of Alo, Muhammad Sher son of Boota, Imam Bibi and Jallan were tried under section 363/366/376/148 read with section 149, P.P.C.
Shera son of Jalal and Lala son of Shera died during the trial. Muhammad Iqbal, A.I Muhammad and Bakhsha were convicted under section 363/376, P.P.C. And sentenced to six years' R.I. Each and fine of Rs. 6,000 each or in default to undergo six months' R.I. Each. The other accused were acquitted. The convicts have appealed to the Court.
2. On 13-6-1973, Shera son of Taja, father of Mst. Daullan abductee in this case, lodged report at Police Station, Sadar, Sargodha. The occurrence was alleged to have taken place on the night of 9- 6-1973.
3. At about Sotewala, Mst. Imam Bibi alias Majon wife of Jalal alias Jallo anti Mst. Japan wife of Lala came to the house of Shera. They asked Mst. Daullan to come with them as they were going for toilet. Mst. Daulan came out, accompanied the two women and never came back. The father started looking for his daughter. He met Yaro Mochi, who gave information that Mst. Daulan had been taken away by Mst. Majon wife of Jallo, Mst. Jallan wife of Lala, Shera son of Jallo, Bakhsha son of Lala and Jallo son of Kaloo.
4. On 19-6-1974, Mehar Khan, A.S.-I. Arrested Shera one of the accused and recovered Mst. Daullan from him. Mst. Daullan's statement was recorded under section 164, Cr . P. C. By a Magistrate First Class, Sargodha. In her statement she accused A.I Muhammad, Muhammad Iqbal and Shera for having raped her.
5. Shera on oath before the trial Court deposed about the abduction of his daughter. He said that after Mst. Daullan's abduction he was called to the Dera of accused Shera, Mohal at village Danewal. The accused asked him to patch up the matter. He refused. He was threatened. Shera deposed that the accused abducted the girl in order to commit rape with her.
6. Mst. Daullan when examined by the trial Court stated on oath that she was present at her house.
Her brother was to be married. Jallan and Imam Bibi came to her house. Both of them took her out on the pretext of making water. Shera, Jalal, Bakhsha and Lala were standing outside. They caught hold of her and took her in the car forcibly to Chak No. 39 Shamali. They confined her in the house of Iqbal accused for three days.
7. Iqbal, Shera and A.I Muhammad committed rape with her. Then Shera Mohal, Iqbal, A.I, Shera Bhawana and Shera son of Jalal brought her to Chak No. 100, near Muzaffargarh. They kept her there for two days. Then they took her to Leiah and kept her there for eight months. Iqbal, Shera and A.I Muhammad raped her. Then they brought her to a Dera near Khushab. Her father came to know of it. He, Misri and Sultan went to the Dera. Her father asked Iqbal to return her but Iqbal took out the gun. Her father and the other two persons Game back. Then Iqbal, Shera and A.I brought her to Gilwala, Sargodha, Iqbal and A.I went away. She was present with Shera when police raided and recovered her. Shera was arrested.
8. Lady Doctor Naseer Begum, a Private Practitioner, examined Mst. Daullan on 20-6-1974. She gave the age of the girl as 131 years. She stated that the girl was subjected to rape. According to her, vagina admitted two fingers freely. Her hymen was torn. Two swabs were taken and sent to the Chemical Examiner for detection of semen.
9. On 2-7-1974, Dr. Safdar A.I, Private Practitioner, Sargodha, examined Muhammad Iqbal accused and found him fit to perform sexual intercourse.
10. On 19-6-1974, Dr. Muhammad Abaid-ur-Rehman, District Head--quarter Hospital, Sargodha examined Shera and A.I Muhammad accused and found them fit for committing sexual intercourse.
11. Yar Muhammad Secretary Union Council No. 109, Chak No. 92 Shamali, deposed that as Secretary Union Council he prepared copy of the birth certificate of Mst. Daullan Exh. P.F.
12. Misri Khan and Sultan accompanied the father of the girl to the Dera of Shera. He deposed that Iqbal said that Daullan should be married to him. Thus the matter would be compromised but Sultan and others refused. So Iqbal also refused to return the girl. The party was threatened and it returned.
13. Investigation was partly conducted by Mehar Khan, A.S.-I. And partly by Muhammad Khan, S.-I.
14. Mehar Khan, A.S.-I. Stated that on 19-6-1974 he was posted at Police Station Sadar, Sargodha when on a secret information he arrested Shera son of Jalal from Gilwala and recovered Mst.
Daullan from his possession. On the same day he arrested A.I Muhammad son of Salehoon who was a proclaimed offender. Site plan of house Exh. P.C. Was prepared from which the abductee was recovered. Her statement was also recorded under section 164, Cr.P.C. On 20-6-1974 she was examined by the Lady Doctor. The two accused were also medically examined to ascertain whether they were fit to perform sexual intercourse. On 2-7-1974 Muhammad Iqbal accused was arrested. On 6-7-1974, site plan of the house of A.I Muhammad Exh. P.D. Was prepared, where according to Mst. Daullan, she was raped by A.I Muhammad, Iqbal and Shera. On the same day, site plan of the house of Muhammad Khan Exh. P.F. Was prepared where Muhammad Khan, Shera, A.I Muhammad and Muhammad Iqbal raped the abductee.
15. Muhammad Khan, S.-I. Stated that on 13-6-1973 he was posted at Sargodha. He recorded complaint Exh, P.W.8/1 on the statement of Shera son of Taja. On the basis of that complaint F.I.R.
Exh. P.W.8/2 was recorded by Falak Sher, A.S.-I. Copy of birth certificate of Mst. Daullan Exh. P.F. Was taken into possession by the Police. Shera and Sultan witnesses attested it. Investigation in this case was conducted by him. Statements of the witnesses were recorded. On 26-6-1973 Bakhsha and Mst. Jallan were arrested. On 8-8-1973 Mat. Imam Bibi was arrested. He also arrested Muhammad Iqbal, A.I Muhammad and Muhammad Khan on 7-2-1974.
16. The appellants in their statements before the trial Court denied the charge and pleaded not guilty. They declined to produce evidence in defence.
17. Learned counsel appearing on behalf of the appellants after taking me through the evidence contended that conviction was based on the evidence which was neither reliable nor sufficient in law.
18. He argued that if the statement of the girl was to be accepted then this was subjected to corroboration by independent reliable evidence which was not coming forth in this case.
19. Legal objection was taken with regard to the validity of the proceedings. Learned counsel submitted that the accused moved an application seeking permission to cross-examine the witnesses. The trial Court did not pass any order on this application.
20. I have checked the record. This is factually incorrect. It was in the connected case against Muhammad Iqbal accused only in which such application was moved.
21. I have dealt with that objection in that' case which had been decided by a separate judgment and that was an independent case. As a matter of fact, learned counsel laid great stress repeatedly that the statement of the girl was not to be relied upon. He even attempted to argue that if at all prosecution version is to be accepted then it will be a consent case.
22. Last of all, learned counsel submitted that the sentence was excessive. The appellants are entitled to the benefit of section 382-B, Cr. P.C.
23. I have considered the submissions of the learned counsel ands have gone through the evidence. The girl was subjected to lengthy cross-examination but the defence did not succeed in demolishing herd evidence. In her statement throughout she accused Iqbal, Shera and A.I Muhammad for raping her. Her evidence is duly corroborated by' Lady Doctor's testimony as well as examination of the appellants that they were physically fit to perform sexual intercourse. It has been proved beyond doubt that at the time of abduction the age of the girl was 13 -- years. The aforesaid evidence is supported by the testimony of the father of girl and that Misri Khan. Therefore, I am clear in my mind that there is no element of doubt with regard to the guilt of the appellants. They have been rightly convicted.
24. I have considered the question of sentence. As already observed the girl was aged 13 --year, when she was forcibly taken away. Thereafter, .She was raped by the appellants. I do not think there is any mitigating circumstances in favour of the appellants. They are not entitled to any concession to sentence. Dismissed,.
H. A. K.