Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 496-A & 376---Enticing or taking away or detaining with criminal intent a woman, rape---Runaway marriage---Contradictions in statements of alleged victim---Effect---Accused was alleged to have abducted the alleged victim and subjected her to zina-bil-jabar---Plea of accused was that alleged victim being sui juris had contracted marriage with him of her own free will---Validity---According to F.I.R. on the day of incident alleged victim left home to attend her tuition academy but she never attended any class, however in her statement under S. 161, Cr.P.C , alleged victim adopted a different version and stated that on the day of incident she did attend three lectures at the academy---Before leaving home alleged victim took with her gold ornaments, prize-bonds, cash and other valuables---Alleged victim had also filed a private complaint against her father and other relatives, wherein she appeared before the Magistrate and deposed that she had contracted marriage with the accused of her own accord---Copy of Nikahnama was available on record which revealed that it was a runaway marriage---Alleged victim after rejoining her family took a u-turn and implicated accused for misleading her into leaving her house and subjected her to rape before and after the Nikah---Although alleged victim had obtained a decree from Family Court in a suit filed by her for jactitation of marriage, but appeal against said decree was still pending adjudication----Question as to whether accused violated the alleged victim forcibly or enjoyed sex with her in a lawful manner could only be resolved at trial---Offence alleged did not fall within the prohibitory clause of S.497(1), Cr.P.C.---Present case was one of further probe into guilt of accused-Accused was admitted to bail in circumstances. ORDER SHAHID HAMEED DAR, J.---The petitioner seeks bail after arrest in case F.I.R. No.1453, dated 19-9-2012, under sections 496-A, 376, P.P.C. registered at Police Station Shahdra, Lahore. 2. Precisely the prosecution case as narrated by Shamshad Ahmad (complainant) is that her daughter Mst. Amina Shamshad aged 17…

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