Law: Code of Criminal Procedure (CrPC), 1898

Section: 498

Law: Pakistan Penal Code, 1860

Section: 365-B & 376, 375

Criminal Procedure Code (V of 1898)-------S. 498---Penal Code (XLV of 1860), Ss. 365-B & 376---Carrying away of a woman by any means with an aim that she may be compelled to marriage or forced or made to illicit intercourse, against her will---Pre-arrest bail, refusal of--Petitioner was charged for kidnapping the daughter of complainant for illicit relations---Record showed that daughter of the complainant had married accused/applicant out of her own free will and, in that connection, had appeared before the Court to record her statement that she had allegedly married the applicant---At that stage, a charge under Ss.3 and 4 of the Sindh Child Marriage Restraint Act, 2013, was also included against the applicant---Abductee was sent to Darul Aman on the instructions of the Court, and it appeared that some days later, she opted to go back home with her parents---Later on, abductee took a somersault on her earlier stance and now alleged that applicant had kidnapped her and that all her appearances in Court and earlier statements were obtained from her under duress---As per record, charge under S.376, P.P.C, had also been added against the applicant---Said Section was the penal provision for the offence of rape, which carried a potential sentence of 10 to 25 years or imprisonment for the remainder period of natural life, thus falling within the non - prohibitory clause of S.497, Cr.P.C---Upon a tentative assessment, the applicant might have a case to answer for offences leading to a life in prison---Moreover, it also seemed that the applicant could tamper with evidence and exert undue influence on the victim--Bail application was dismissed, in circumstances.ORDEROMAR SIAL, J.---Mohammad Ayub Kolachi lodged FIR No. 118 of 2022 under section 365-B P.P.C. at the Bin Qasim police station on 02.04.2022. He reported that his daughter Kaneez Fatima had left for school in a rickshaw driven by Ali Raza but did not return home. Ali Raza was nominated accused.2.    Ali Raza told the police that he had dropped Kaneez Fatima at her school in the morning, but when he returned to pick her up at home time, the school's watchman told him that Fatima had not…

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