Law:

Section:

Penal Code (XLV of 1860) --------- ----------Ss. 496-A, 496-B & 34 --------- Enticing or taking away or detaining with criminal intent a woman, common intention --------- Appreciation of evidence --------- Prosecution version was that accused enticed away co-accused for the purpose of illegal marriage, despite the fact that Nikah of co-accused had already been effected with another person through Nikahnama --------- Alleged Nikahnama, had neither been signed or thumb impressed by the alleged husband of co-accused, nor by the co-accused --------- Purported Nikahnama, did not bear signature or thumb impression of alleged wali/attorney, who allegedly obtained consent of co-accused --------- Said Nikahnama was on a plain paper, and same did not carry signature or thumb impression of the witness --------- Prescribed Nikah Form was not used, nor the same was registered by the authority concerned --------- Status of alleged Nikahnama had become highly doubtful --------- Female (co-accused), according to prosecution version was 13/14 years of age at the time of alleged Nikah --------- No authentic document was on record to show her exact age --------- Accused persons had contracted marriage and out of said wedlock they had an offspring --------- Status of previous Nikah having already been held as doubtful, said offspring could not be left at the mercy of the society --------- Co-accused had a decree for dissolution of her marriage with her previous husband by exercising her right of puberty --------- Both accused persons (male and female) being adult had exercised their option to get married which was not prohibited by law --------- Impugned of the Trial Court, was set aside, accused were acquitted of the charge levelled against them and were released, in circumstances. THIS JUDGMENT DELIVERED BY: HAIDER ALI KHAN, JUSTICE:---------- This criminal appeal is directed against the judgment dated 06.6.2015 of the learned Additional Sessions Judge/Izafi Zilla Qazi, Swat at Kabal, delivered in case FIR No. 237 dated 29.11.2013 registered under sections 496-A/496-B/203/379/34, P.P.C. at Police Station Shah Dherai, District Swat whereby the appellants were convicted and…

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