Law: Criminal Procedure Code (V of 1898)

Section: 164(1)

Law: Penal Code (XLV of 1860)

Section: 365-B

(a) Criminal Procedure Code (V of 1898)--- ----S.164(1)---Word ‘may’---Effect---Word ‘may’ in S.164(1), Cr.P.C. shows that power conferred on Magistrate is discretionary. Nazir Ahmad v. King Emperor AIR 1936 PC 253; Mst. Kalsoom Bibi v. District and Sessions Judge, Bahawalpur, and another 2009 MLD 421 and Shabina Naz v. Special Judicial Magistrate and another 2011 MLD 722 rel. (b) Penal Code (XLV of 1860)--- ----S. 365-B--- Criminal Procedure Code (V of 1898), S. 164---Kidnapping, abducting or inducing woman to compel for marriage---Second statement, declining of---Change of version---Scope---Petitioner was allegedly abducted by respondents/accused persons and her statement under S. 164, Cr.P.C. was recorded before Judicial Magistrate---Subsequently petitioner wanted to get her another statement recorded but Judicial Magistrate declined---Validity---Petitioner categorically stated that respondents/accused persons did not violate her chastity who cross-examined her at length as they were present in custody---Petitioner subsequently filed a suit for Jactitation of marriage against one respondent/accused in Family Court and moved application before Magistrate for again recording her statement under S. 164, Cr.P.C.---Petitioner again alleged that respondent/ accused had infact raped her and she deposed to the contrary at the instance of investigating officer who suggested her that she should conceal the fact as nobody would marry her if she disclosed that fact---Even if petitioner was believed, element of coercion or duress was conspicuously missing---Whatever petitioner stated before Judicial Magistrate was of her own…

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