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Citation: 1971 PCRLJ 1171
Court: Lahore High Court
Year: 1971
Decision Date: 1971-06-02
Parties: GHULAM MUHAMMAD vs THE STATE
Case cited as 1971 PCRLJ 1171
Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain Title: GHULAM MUHAMMAD vs THE STATE Case No.: Criminal Appeal No. 21 of 1968 Date of Judgment:1971-06-02 Reported As: 1971 P Cr. L J 1171 Result: Appeal allowed JUDGMENT JUDGMENT Ghulam Muhammad has been convicted under section 364-A of the Pakistan Penal Code and sentenced to suffer seven years rigorous imprisonment, by Mian Muhammad Ashraf Ali, Sub--- Divisional Magistrate, Chiniot, vested with Section 30 Powers. He has preferred appeal through Jail. 2. It is alleged against the appellant that he kidnapped a minor girl named, Mst. Gullan, daughter of Muhammad alias Billu from a place known as Bhowana. She was recovered by a Police Patrol Party consisting of Sultan Anwar, Station House Officer of Akal Garb Police Station (P. W. 7), Shah Din (P. W. 3) and Chaudhury Ghaseete Khan (P. W. 4), from the possession of the appellant on the night between 22nd and 23rd. Of July 1966, near the Darbar .Of Baba Gulab Shah, situated in village Rasul Nagar. On information sent by the aforesaid Police Officer, a formal case was registered against the appellant at Akal Garb Police Station. 3. I need not discuss the prosecution case at great length, because of the fact that the trial of the offence in question by the Magistrate appears to me to be illegal. 4. Section 364-A of the Pakistan Penal Code runs as under :- "Whoever kidnaps or abducts any person under the age of ten, in order that such person maybe murdered or subject…
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