Lahore High Court Upholds Deletion of Section 354 PPC in Criminal Case, Affirms Transfer to Judicial Magistrate
Islamabad 25-03-2025: The Lahore High Court (LHC) has dismissed a Criminal Revision Petition filed by Petitioner challenging the order of the Additional Sessions Judge/GBV Special Court, Pasrur, which deleted Section 354 of the Pakistan Penal Code (PPC) from the charge sheet and transferred the case to a Judicial Magistrate.
The Petitioner had lodged an FIR No. 323 on September 15, 2020, under Sections 354, 337-F(i), 337-A(i), 337-L(2), 452, 147, and 149 PPC at Police Station Sabaz Peer, District Sialkot. She alleged that on September 3, 2020, a group of accused, including respondents No. 2 to 13, unlawfully entered her house, assaulted her and her mother, and dragged her mother onto the street in a humiliating manner.
The case initially proceeded before the Judicial Magistrate, Pasrur, where charges were framed against the accused. Later, on the basis of amendments introduced by the Anti-Rape (Investigation and Trial) Act, 2021, the case was transferred to the GBV Special Court, Pasrur.
Upon reviewing the case, the Additional Sessions Judge/GBV Court, Pasrur, determined that Section 354 PPC did not apply as the prosecution failed to provide substantial evidence to establish an intent to outrage modesty. Consequently, the Court deleted Section 354 PPC and referred the case back to the Judicial Magistrate, Section 30, Pasrur for trial.
Petitioner filed a Criminal Revision Petition before the Lahore High Court, arguing that the deletion of Section 354 PPC was unlawful and that the case should remain under the jurisdiction of the GBV Special Court.
After reviewing legal precedents and statutory interpretations, Mr. Justice Anwaarul Haq Pannun upheld the lower Court’s ruling, stating that:
- No recovery memo of torn clothing was placed on record, and there was no conclusive evidence proving an intent to outrage modesty.
- The Act is designed to ensure expeditious redressal of rape and sexual abuse cases. Since the present case lacked evidence of sexual abuse, it did not fall under the jurisdiction of the GBV Special Court.
- Courts have the discretion to alter or delete charges at any stage if evidence does not support them. The deletion of Section 354 PPC was within the lawful jurisdiction of the trial Court.
The judgment reinforces the principle that charges must be supported by substantial evidence and that Courts can re-evaluate cases in light of legal amendments. The ruling also underscores the significance of the Anti-Rape (Investigation and Trial) Act, 2021, ensuring that only cases genuinely involving sexual offenses remain within the purview of GBV Special Courts.
With this decision, the case will now proceed before the Judicial Magistrate, Section 30, Pasrur, for further trial under the remaining charges.
Powered by Froala Editor
