Law: Pakistan Penal Code, 1860

Section: 365-B

Law: Code of Criminal Procedure, 1898

Section: 164, 342,382-B,491,Section 544-A(2)

Summary

Three appellants—Riazat Ali Sahar, Muhammad Ali Bhatti, and Sabir Ali Shah—were convicted by a trial court for kidnapping under Section 365-B of the Pakistan Penal Code (P.P.C.) in a case involving the alleged abduction of a minor girl, Mst. Irfana. The court sentenced them to life imprisonment, imposed fines, and ordered compensation.

The prosecution case was based on the FIR and testimonies alleging the forcible abduction of Mst. Irfana from her home by the appellants, armed and threatening her family. However, the defense claimed that Irfana had voluntarily entered into a marriage (Nikah) with Sabir Ali Shah following prior family consent, which was later revoked due to disputes.

The medical evidence contradicted the prosecution’s claim on the victim's age and showed no evidence of recent sexual intercourse or injuries consistent with force. The victim's age was medically assessed around 18-19 years, despite the FIR stating her to be 12, which confirmed the legal capacity to marry.