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Criminal Petition for Special Leave to Appeal No. 119 of 1982, decided on 17th April, 1982.
(On appeal from the judgment dated 22‑3‑1982 of the Lahore High Court in Crimi.9al Revision No. 159 of 1982).
Penal Code (XLV of 1860)‑
‑‑ S. 354‑Outraging modesty of a woman‑Slapping and pulling and, tearing of burqa of purdah‑observing Muslim lady‑Held, amounts to outraging modesty of a woman within contemplation of S. 354.
Malik Sher Bahadur, Advocate Supreme Court with Sh. Abdul Karim Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing : 17th April, 1982.
‑This petition is directed against the order of a learned Single Judge of the Lahore High Court, Lahore, passed in Criminal Revision No. 159 of 1982.
2. The petitioner Mushtaq Ahmad was convicted and sentenced to two years R. I under section 354, P. P. C. by the Special Railway Magistrate Ist Class, Lahore, by his order dated 21‑9‑1981. On appeal, the learned Additional Sessions Judge, Lahore, maintained the conviction and reduced the sentence to six months R. I. vide judgment dated 13‑3‑1982. He then filed a revision petition before the Lahore High Court but the same was also dismissed on 22‑3‑1982. Hence this petition.
3. The main submission of Malik Sher Bahadur, learned Advocate for the petitioner, is that the offence under section 354, P. P. C. was not made out, even if the facts alleged by the prosecution were accepted. He submitted that the allegation against the petitioner was that he had slapped the complainant and even if this was so the petitioner could not be found guilt under section 354, P. P. C. But we, however, find that in the evidence of the complainant the allegation also is that when the petitioner slapped her, Mst. Bashiran Bibi P. W. tried to push her away, whereupon h pulled her Burqa which got torn from the front side. The pulling and tearing of Burqa of a pardah observing Muslim lady amounts to outraging the modesty of a woman within the contemplation of section 354, P. P. C.
This petition is, therefore, dismissed.
Petition dismissed.
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