Mst. NASEER BEGUM vs SAIN AND 6 Other — 1972 SCMR 584

Citation: 1972 SCMR 584

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: Mst. NASEER BEGUM vs SAIN AND 6 Other

Headnotes

Case cited as 1972 SCMR 584

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Anwar-ul-Haq Title: Mst. NASEER BEGUM vs SAIN AND 6 Other Case No.:Criminal Petition for Special Leave to Appeal No. 7-P of 1972 Criminal JUDGMENT Reported As: 1972 SCMR 584 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from the judgment of a learned Single Judge of the Peshawar High Court dismissing in limine a Criminal Revision Petition. The respondents 1 to 6, it appears, were sent up for trial on charges under sections 366 and 376/109, Pakistan Penal Code. A Magistrate of the First Class at Abbottabad, however, acquitted them on the ground that the respondent, who was the complainant in that case, being over 16 years of age, had willingly gone after the accused and not been subjected to any force or duress. In fact, her consent was further confirmed by the fact that, even when produced before the District Magistrate, she refused to accompany her father and remained with the accused for a period of eleven months. During this long period she was taken from place to place by public conveyances and had several opportunities to protest, but she did not do so. The accused had even gone through a form of nikah with her. The High Court, after examining the evidence, agreed with the trial Court and refused to interfere. The complainant now seeks special leave to appeal, and the main argument advanced on her behalf is that the Courts…

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