Kiran Bibi vs Additional Sessions Judge Ss — 2025 YLR 1594 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 1594 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Kiran Bibi vs Additional Sessions Judge Ss
Subject matter: Criminal
Provisions referred to: S. 354; S. 3; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Kiran Bibi VS Additional Sessions Judge Ss. 173 & 561-a---Penal Code (XLV of 1860), Ss. 354, 337-F(i), 337-a(i), 337-L(2), 452, 147 & 149---Report of Police Officer---addition or deletion of legal provision---Scope---applicant was aggrieved of an order passed by Trial Court whereby charge under S. 354, P.P.C., was deleted and matter was referred to Judicial Magistrate---Validity---allegedly, accused persons caught hold the petitioner's mother from her hair, dragged her through a thoroughfare in naked condition exposing her to the people of the vicinity---Perusal of record revealed that in the impugned Order passed by the Court of GBV/Trial Court it was observed instant case was simple case of fight and house trespass; that no recovery memo. of torn apparels of alleged victim were found on record; that the intention to outrage modesty for the purpose of rape or sexual abuse to bring the case under the pail of special Court constituted under S.3 of the anti-Rape (Investigation and Trial) act, 2021, was missing, hence, the offence under S.354, P.P.C was not made out, thus was deleted---Said observations had not been found by the High Court to be unfounded, at present---No illegality, perversity or jurisdictional defect in the impugned order had been found, calling for any interference by the High Court justifying the revisional power for setting aside the impugned order---Petition was dismissed, in circumstances.

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