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1996 P Cr. L J 286

Mst. SAKHIA KAUSAR vs THE STATE

Citation1996 P Cr. L J 286
CourtLahore High Court
Case No.Criminal Appeal No,224 of 1992
Date1995-10-18
Judge(s)Ahmad Saeed Awan
ResultAppeal accepted

ORDER

' Learned counsel for the petitioner states that the petitioner made the statement due to fear of the parents as well as of the police.

2. I have gone through the judgment and relevant record. Mst. Sakina appellant got her statement recorded under section 164, Cr.P.C. Before the Magistrate wherein she alleged abduction, Zina-bil- jabr and Nikah under coercion with Shafqat. Thereafter, challan of the case was submitted in the Court and she appeared before the learned Additional Sessions Judge, Lahore in which she resiled from her previous statement. She admitted that false statement before the Magistrate has been made by her. The learned Additional Sessions Judge issued notice under section 476, Cr.P.C. And ultimately she was convicted under section 193, P.P.C. And sentenced to one year with a fine of Rs,2,000.

3. It is a tendency in our society that in such cases the ladies of this age are always under coercion and harassm ent of police as well as their parents, and are compelled to give statement in such manner, so as to build the prosecution case. Needless to observe that justice is to be done and provisions of the penal section are to be invoked in keeping with the norms of the society. In these circumstances, I am inclined to dislodge the sentence awarded by the learned Additional Sessions Judge. Accordingly, I accept this appeal, set aside the conviction and sentence and acquit her. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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