ASIF MASIH vs State Ss — 2025 SCMR 699 SUPREME-COURT

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ASIF MASIH VS State Ss. 365-B, 376 & 496-B---Forcible abduction, forcible intercourse/rape and fornication---Reappraisal of evidence---Abduction---Proof---Punishment for fornication (Zina with consent) qua alleged abductee as a consenting party---Principle---Accused persons were convicted and sentenced by Trial Court for abducting daughter of complainant and committing Zina with her---Validity---Prosecution story of forcible abduction and rape of alleged abductee was the result of an afterthought of abductee and her family members after return of alleged abductee to her parents' house---No ornament or cash amount was recovered from any accused---As per medico legal report, no mark of violence was noted on the body of abductee---Neither it was a case of forcible abduction punishable under section 365-B, P.P.C. nor it was a case of forcible intercourse/rape punishable under section 376 P.P.C.---In view of the provisions of section 496-B, P.P.C., the abductee was not liable to be convicted and sentenced for offence of fornication (Zina with consent) as she was not made accused in the case by Police---No charge was framed against abductee by Trial Court and she was not provided a chance to cross-examine prosecution witnesses to defend herself---Abductee could not be convicted and sentenced in absence of fulfilment of such legal requirements---Supreme Court set aside conviction and sentence of accused for the charge under Section 376(i) P.P.C. but he was convicted under section 496-B, P.P.C. and was sentenced to undergo five years imprisonment---Appeal was dismissed.

ASIF MASIH vs State Ss — 2025 SCMR 699 SUPREME-COURT

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