' MUHAMMAD KHIYAR KHAN, J.---Muhammad Asghar, Muhammad Younas, Muhammad Hanif, Muhammad Yousaf and Mst. Abida Bibi respondents No,1 to 5 herein were tried for the offence under section 11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, on the charge that they, on 7-4-1989 at about evening time, in furtherance of common intention abducted Mst. Asia Bibi from her house situated in Village Pandorian Police Station Mautra, in order that she may be compelled to marry against her wishes and thereby committed the aforesaid offence. Learned Additional Sessions Judge, Daska, who tried the respondents vide judgment dated 12.3-1995, acquitted all of them, Feeling aggrieved of the acquittal judgment. Maqsood Ahmad, complainant, filed criminal revision No,27/L of 1995 challenging their acquittal which was later on converted into appeal vide order, dated 27-3-1997.
2. The facts in brief are that on the complaint Ex-PA addressed to DSP by Maqsood Ahmad complainant that respondents No,1 to 5 herein abducted his daughter Mst. Asia, F.I.R. Exh.PA.1 was registered at Police Station Mautra, on 10-4.1989 at 6-05 p.m. The complainant in his application stated that he is the resident of Village Pandorian Police Station Mautra, Tehsll Daska, He is the father of three sons and four daughters. His daughter Mst. Asia is younger to three children.
Muhammad Asghar son of Barkat All is residing in the neighbourhood. Being his neighbour the womenfolk visited each other's house. On 7-4-1989 at evening time when he was present in his house Abida Bibi daughter of Muhammad Asghar called Mst. Asia aged 15/16 years from the house to accompany her to go out to answer the call of nature. The complainant in the meanwhile went to the Haveli for putting fodder to the buffaloes. When he came back from the Haveli, his wife told him that Mat. Asia had not returned to the house. He, therefore, went to the house of Muhammad Asghar to enquire about his daughter where Mat. Lrshad Bibi wife of Muhammad Asghar was present. When asked as to where Mat. Asia was, she refused to disclose her whereabouts. The complainant, therefore, went out to the fields in search of his daughter and outside the village met Muhammad Ilyas son of Maqbool Ahmad and Basharat All son of Maskin who told him that they had seen Muhammad Asghar, Muhammad Yousaf and Muhammad Hanif, Muhammad Younas, Abida Bibi and Mst. Asia going towards the Canal near Dera Goraywala. Mst. Abida Bibi was holding a small bag. On this disclosure, the complainant, his son Muhammad Hayat and his nephew Basharat Ali followed the aforesaid persons to apprehend them but with no result. On coming back to his house he found some clothes and cash amount of Rs, 17000 was missing. The complainant approached the elders of the respondents for the return of Mst. Asia and also for the return of cash amount of Rs,17000 and clothes but despite the promises to return Mst. Asia Bibi they finally, backed out and asked him to do whatever he liked. The complainant stated that accused had abducted Mst. Asia by deceitful means for illicit purpose. He prayed for necessary action against them.
3. Muhammad Akram Khan A.S.I. (P.W.5) conducted the investigation. He inspected the spot and prepared the site Plan Exh.PC. He recorded the statements of P.W. On 18-4-1989 he arrested Muhammad Asghar, Muhammad Hanif and Muhammad Yousaf. On 2-5-1989 he joined Mst. Asia Bibi in the investigation after she was recovered from the custody of Younas near Cheema Hospital Daska. He recorded the statement of Mst. Asia Bibi under section 161, Cr.P.C. And was produced before the Resident Magistrate, Daska, and got her statement recorded under section 164, Cr.P.C.
On 5-5-1989 Muhammad Younas led the I.O. To the recovery of Danda P1, hatchet P4 and Toka which he took into possession vide recovery Exh.PB. On the completion of investigation he challaned the accused to Court.
4. At the trial, prosecution produced 5 P.Ws. Maqsood Ahmad (P.W.1) is the complainant who reiterated the allegations made in the F.I.R. Basharat (P.W.2) deposed as having seen the accused with Mat. Asia and having informed the complainant about that fact. Mat. Asia Bibi (P.W.3) stated that five years ago at about Shamwela Mat. Abida called her from her house and took her to canal where the accused persons were present. A wagon was parked there. She under threat was made to sit in the wagon and was taken to Pasroor. From Pasroor she was taken to Lahore and from Lahore she was taken to Rahim Yar Khan. She was kept in someone's house. She stated that accused persons compelled her to marry Muhammad Younas but she refused. She was brought back to Daska where while alighting from the bus near Cheema Hospital, Daska, police arrested them. She appeared before the Magistrate and recorded her statement Exh.PB. Liaqat All (P.W.4) is the witness of recovery memo Exh.PB vide which the Danda, Chhuri etc. Were taken into possession.
Muhammad Akram (P.W.5) deposed about the investigation.
5. The accused in their statements under section 342, Cr.P.C. Denied all the incriminating circumstances appearing in evidence against them and stated that the P.Ws. Deposed against them due to enmity and dispute over the possession of a shop in the village. They pleaded innocence and produced no defence. They also did not opt to appear as witness on oath.
6. The trial Court believed the prosecution evidence mainly on the ground that when accused had done no harm to Mst. Asia Bibi and except Muhammad Younas other accused returned from Rahim Yar Khan, the charge of abduction was not proved against them. The court concluded that it was Mst. Asia Bibi who wanted to marry Muhammad Younas while he was refusing to marry her as he was already married. Mst. Asia Bibi played a foul play and she left her house after quarrelling with her father and later on she returned on her own accord. For these reasons the trial Court vide impugned judgment, dated 12-3-1995, acquitted the accused-respondents.
7. Feeling aggrieved of the judgment of acquittal, Maqsood Ahmad complainant has filed this appeal.
8. We have heard Mr. Muhammad Aslam Bajwa, Advocate, for the appellant and Mr. A.D. Naseem, Advocate, for the respondents and with their assistance have perused the evidence on record. The learned counsel for the appellants stated at the bar that he would not press the appeal against the acquittal of Muhammad Asghar, Muhammad Hanif, Muhammad Yousaf and Mst. Abida Bibi respondents 1, 3, 4, and 5 herein and made his submissions only with respect to the acquittal of Muhammad Younas respondent No,2. As against Muhammad Younas we find that there was sufficient evidence connecting him with the crime, Maqsood Ahmad complainant (P.W.1) is the father of Mst. Asia Bibi. He gave the detail of occurrence and there is nothing in the cross- examination to discredit his testimony. It does not appeal to reason that he would put his honour at stake and would spoil the carreer of his daughter by levelling false charge of abduction against the accused. His statement is that his daughter Mst. Asia Bibi was called out by Mst. Abida Bibi to accompany her for answering the call of nature. She did not return to the house. He was informed by Basharat Ali and Muhammad Hayat that they had seen Mst. Asia Bibi in the company of the accused. Basharat Ali (P.W.2) supported him in this respect. Basharat Ali (P.W.2) is from the brotherhood of Maqsood Ahmad. Except this relation there is nothing in the cross-examination of Basharat Ali to disbelieve him. Moreover, mere relationship is no ground to disbelieve the witness.
Mst. Asia Bibi (P.W.3) stated that she was called out of the house by Mst. Abida Bibi and was taken to a canal where accused were standing and a wagon parked there. She was made to sit in the wagon and was taken to Pasroor from Pasroor she was taken to Lahore and from Lahore to Rahim Yar Khan Muhammad Younas wanted to marry her but she refused. From Rahim Yar Khan.
Muhammad Younas brought her back to Daska and when they alighted from the bus near Cheema Hospital, Daska, they were arrested by the police. She admitted in the cross-examination that Muhammad Younas had been visiting her house and that other accused were not present when she and Muhammad Younas alighted from the bus near Cheema Hospital, Daska. The suggestion that she left the house of her own accord after quarrelling with her father was denied.
Another suggestion that she wanted to marry Muhammad Younas was also denied. Thus we find that the victim's statement has not been shattered. It is proved from the evidence on record that Mst. Asia Bibi was seen with Muhammad Younas while going near the canal and she was seen with him while alighting from the bus near Cheema Hospital, Daska. It appears that Muhammad Younas by deceitful means abducted Mst. Asia Bibi. Abduction is defined in section 362, P.P.C. That whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person, Mst. Asia Bibi was called out by Mst. Abida Bibi from her house. She was deceived when she was taken to the canal where Muhammad Younas was standing and he then took her to different places, the object being to compel her to marry him against her will. She was recovered from the custody of Muhammad Younas after 22 days when she was with him near Cheema Hospital, Daska. This argument of the learned counsel for the respondents has not impressed us that abduction is for illegal purpose and when no such purpose was achieved offence was not complete. The contention that Mst. Asia Bibi herself left the house and accompanied Muhammad Younas of her own accord as she had quarreled with her father is devoid of force and not supported by the evidence on record. Maqsood Ahmad denied the suggestion that his daughter left the house due to some quarrel with him. The delay of three days in lodging the F.I.R. Is explained by the complainant. He stated that before lodging the F.I.R. He approached the elders of the village to prevail upon accused for the return of his daughter, and having failed in his efforts to get back his daughter he complained to the DSP Daska. From the evidence on record we are convinced that no other hypothesis except that of guilt of Muhammad Younus is possible and it is proved that he by deceitful means, abducted Mst. Asia Bibi with intent that she may be compelled or knowing it to be likely that she will be compelled to marry him against her will. The offence under section 11 of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979, is proved against Muhammad Younus beyond reasonable doubt. We, therefore, allow this appeal, set aside the judgment of acquittal with respect to Muhammad Younus and convict him and sentence him to ten years R.I. And to pay fine of Rs,20000 in default of payment of fine to undergo further two years R.I. The benefit of section 382-B, Cr.P.C. Is extended to him.
Muhammad Younus shall be arrested and sent to jail to serve out the sentence. The appeal against the acquittal of Muhammad Asghar, Muhammad Hand, Muhammad Yousaf and Mst. Abida Bibi respondents 1,3, to 5 is dismissed as not pressed. While passing the sentence we have followed the dictum of Hon'ble Supreme Court, Shariat Appellate Bench in the case of Hasham Khan v the State PLD 1991 SC 567 that word extending in section 11 of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979, has been inadvertently omitted in the provision and sentence of life imprisonment in that case was reduced to 10 years R.I.