2018 P Cr
2018 P Cr. L J Note 175
[Lahore]
Before Syed Shahbaz Ali Rizvi, J
MUHAMMAD AZAM—Petitioner
Versus
The STATE and another—Respondents
Criminal Miscellaneous No. 99700-B of 2017, decided on 3rd April, 2018.
Criminal Procedure Code (V of 1898)—
—-S. 497—Child Marriage Restraint Act (XIX of 1929)—Penal Code (XLV of 1860), Ss. 365-B & 376—Kidnapping, abducting or inducing woman to compel for marriage, Rape—Post-arrest bail, grant of—Further inquiry—Minority of alleged victim—Effect—Complainant (father) alleged that accused abducted her minor daughter—Marriage Registration Certificate revealed that accused and alleged victim had married three days prior to the date of alleged occurrence and she had also filed private complaint against the complainant—Accused moved habeas corpus petition wherein alleged victim had admitted marriage with the accused but, preferred to accompany her parents—Investigation had not supported the story narrated by the complainant in FIR—Examination by District Standing Medical Board though showed that alleged victim was not 16 years of age yet the Board also declared that exact age could not be determined—Alleged victim below the age of sixteen, who had attained puberty, was consenting party to the marriage so her marriage with accused was prima facie an offence under Child Marriage Restraint Act, 1929 which carried maximum sentence of imprisonment up to six months yet, the same could not be termed as invalid marriage—Trial Court would determine whether alleged victim disclosed her actual age to the accused while entering into Nikah or not, as her age had been incorporated as 18 years in the relevant column of Nikahnama—Accused had made out his case for further inquiry as mala fide on the part of complainant could not be ruled out for, his daughter had contracted marriage against complainant’s wishes—Accused was admitted to bail, in circumstances. [Para. 4 of the judgment]
Comments