YASIR FAROOQ vs STATION HOUSE OFFICER, POLICE STATION GOLRA, ISLAMABAD Ss — 2022 PCrLJN 129 ISLAMABAD

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YASIR FAROOQ VS STATION HOUSE OFFICER, POLICE STATION GOLRA, ISLAMABAD Ss. 361 & 363---Kidnapping from lawful guardianship---Kidnapping by father---Scope---Allegation against father (accused) was that he had deceitfully removed the minor from her mother's custody---Held; no offence whatsoever was made out against the father even, if the allegations setup in the FIR were believed and accepted in toto---Kidnapping from lawful guardianship punishable under S. 363, P.P.C. had been defined in S. 361, P.P.C.---Father was a legal and natural guardian of minor and removal of minor from the custody of mother by father fell under the exception to S. 361, P.P.C.---Words 'lawful guardian' in S. 361, P.P.C., were used in a wider sense including any person lawfully interested with the care or custody of the minor---Principle of dual guardianship of the minor was by itself not repugnant to the Islamic law or the law of land---Under such concept, the guardianship of father did not cease to exist while the minor was in custody of mother---Nothing was available in law to prevent the father to agitate right of hizanat when the minor was with the mother---Father and mother could not prosecute each other on the charge of kidnapping of their own minor children--- No mens rea could be attributed to the father for the abduction of his children---Impugned FIR was quashed, in circumstances.

YASIR FAROOQ vs STATION HOUSE OFFICER, POLICE STATION GOLRA, ISLAMABAD Ss — 2022 PCrLJN 129 ISLAMABAD

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Judgment text as reported