MUHAMMAD ASHRAF vs State S — 2021 YLRN 126 PESHAWAR-HIGH-COURT

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MUHAMMAD ASHRAF VS State S. 497---Penal Code (XLV of 1860), S. 365-B---Kidnapping, abducting or inducing woman to compel for marriage---Bail, grant of---Divergent statements of complainant---Complainant submitted an application to the Incharge Police Post to the effect that his daughter was married, however, due to strained relations with her husband she was residing in his house for the last six months; that on the relevant day she was found missing for which he searched her and now he was satisfied that his daughter was abducted for the purpose of 'zina' by two accused persons (one nominated and the other not nominated) and that his daughter also took away cash amount and gold which might also be recovered---Accused, who was not nominated, was later on traced---Complainant, however, subsequently changed his statement and charged two other persons for abduction of his daughter---Persons earlier nominated were released on bail by the High Court---One again the accused along with his co-accused was charged by the complainant on the basis of his satisfaction but no source was disclosed by him---Accused persons were charged only on the basis of CDR (call data record)---No independent ocular or strong circumstantial evidence was available on record to connect the accused with the offence---Divergent statements of the complainant had made the entire case of the prosecution doubtful, benefit whereof could be extended to the accused---Petition for grant of bail was allowed, in circumstances.

MUHAMMAD ASHRAF vs State S — 2021 YLRN 126 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported