Mst,Gohar Khatoon W/O Khair Bakhsh vs The State

Balochistan High Court · 2022 · Before Hon'ble Justice Sardar Ahmed Haleemi

Through this judgment, I intend to dispose of Criminal Appeal Nos(S). 134 and 19 of 2021, as both the appeals arising out of same and common judgment dated 25th August, 2021 (hereinafter the “impugned judgment”) passed by the learned Sessions Judge, Nasirabad at Dera Murad Jamali (hereinafter the “trial Court”), whereby the appellants were convicted under section 494, P .P .C. and sentenced to suffer five years R.I. each with fine of Rs. 50,000/- each; in default of payment of fine, they will suffer S.I for two months. Both the appellants were also convicted under section 496, Cr.P .C.and sentenced to suffer five years each with fine of Rs. 50,000/- each; in case of default of fine, the appellants will suffer S.I. for two months. Both the sentences were ordered to run concurrently with benefit of section 382-B, Cr.P .C.

2. The prosecution case, in brief, is that on the complaint of Khair Bakhsh an FIR No. 32 of 2020 dated 16th March, 2020 was lodged at Criminal Appeal Nos(S). 134 and 19 of 2021 2 Only for viewing purpose. Contact office for certified copy. Police Station, Saddar Dera Murad Jamali under sections 365-B, 494, 496 and 420, P .P .C.with the averments that on 27th October, 2019 at night (registered after more than 4 and half months of the incident), he alongwith his wife Gohar Khatoon were asleep and when in the morning, he woke up and found his wife missing; the complainant informed his brother Sahib Dad and cousin Ali Muhammad in this regard; thereafter they started searching her; in the meanwhile, the complainant believed that appellant Israr Ahmed son of Lashkari Khan alongwith his companions namely Saddam Hussain son of Khadim Hussain, Hakim Ali son of Haji Ali Murad have abducted his wife Mst Gohar Khatoon, hence this report.

3. After registration of the FIR, the appellants were arrested and complete challan was submitted before the trial Court. Charge was read over to the appellants, which was denied. The prosecution examined seven witnesses. On completion of evidence, the appellants were examined under section 342, Cr.P .C.wherein, they denied the allegations leveled against them. They neither recorded their statements on oath as envisaged under section 340(2), Cr.P .C.nor produced any witness in defence.

4. The trial Court vide impugned judgment acquitted the co- accused Khadim Hussain and the appellants were convicted and sentenced, hence these appeals.

5. Heard the learned Deputy Prosecutor General and perused the record with his able assistance.

6. Perusal of record reveals that the trial Court while passing the impugned judgment observed that there are material contradictions and improvements in the statements of prosecution witnesses with regard to the incident taken place on 27th October, 2019 at night, when the complainant Criminal Appeal Nos(S). 134 and 19 of 2021 3 Only for viewing purpose. Contact office for certified copy. in the morning woke up, found his wife Mst. Gohar Khatoon missing, as such to such extent, the case of prosecution needs no discussion.

7. Coming to the case of prosecution to the extent of sections 494 and 496, P .P .C.wherein, the appellants were convicted and sentenced on the basis of existence of first Nikah, the appellant Mst. Go…

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