Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss.365/147/148/149---Criminal Procedure Code (V of 1898), Ss.417(2-A) & 161---Appeal against acquittal--Statement under S.161, Cr.P.C.---Nature---Trial Court acquitted respondents/accused persons of the charge on the ground of delay in F.I.R. and that alleged abductee in her statement under S.161, Cr.P.C. had stated that she had gone along with accused with her own accord and married him---Delay in F.I.R. was very much explained in written report--Reliance on the statement of alleged abductee recorded under S.161, Cr.P.C., without her examination in the court, was based on ignorance of law as statement recorded under S.161, Cr.P.C. was not substantive piece of evidence, but could only be used for limited purpose of contradicting a witness at the trial---Before taking into consideration consent of abductee, the Trial Court was under legal obligation to have first determined her age because appellant/complainant in his court deposition had shown her age about 10/11 years---Alleged consent of abductee in the case had gained vital importance---Trial Court, before taking into consideration, such consent, should have first determined her age, which could have been either ascertained from NADRA record or from Medical certificate---Conduct of Investigating Officer was also not above board because despite recovery of victim/abductee, he neither produced her before any Medical Officer to ascertain her age and allowed her to go along with absconding accused without arresting that accused or taking permission from court with regard to her custody---Appeal against acquittal was allowed and after setting aside /order rendered by the Trial Court, case was remanded with direction to call for record from NADRA as well as statement of the victim girl recorded under S.164, Cr.P.C. by Judicial Magistrate and examined Medical Officer who issued medico-legal certificate of victim and thereafter proceed in the matter in accordance with law. 2006 PCr.LJ 1292; 2007 PCr.LJ 1288; 2007 MLD 372 and 1986 SCMR 35 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 540---Power to summon material witness or examine persons present---Under S.540,…

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