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Asif Ahmed baloch vs State S — 2024 MLD 1309 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 1309 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
Asif Ahmed baloch vs State S
Subject matter
Criminal
Provisions referred to
S. 498---P; S. 363; S. 361; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Asif Ahmed baloch VS State S. 498---Penal Code (XLV of 1860), Ss. 361, 363 & 365---Kidnapping any person from Pakistan or from lawful guardianship, kidnapping---Pre-arrest bail, confirmation of---Accused was charged for kidnapping his daughters---First Information Report was lodged under SS.363/365, P.P.C. against the father of the baby girls for the kidnapping of her daughters---Section 361, P.P.C. provided protection to the lawful guardian---Further, the father was not excluded from his lawful guardianship and there was nothing in the law to prevent the father from keeping the custody of his children---Object of the provision of S.361, P.P.C. was to protect the rights of parents with regard to custody of the children---Guardianship of the father under Islamic law did not cease when the minor child was in the custody of the mother and similarly, guardianship of the mother was not extinguished when the minor child was with the father---If a father allegedly removed his child from the custody of his/her mother, the father could not be tried or convicted on the charge of kidnapping---Further, S. 361, P.P.C provided that no FIR would be registered against the lawful guardian or father---Both the babies appeared before the Trial Court and swore their affidavit which showed that the alleged abductees had not supported the version of the complainant/victim which required further investigation---At the most it was a dispute between mother and father over custody of minor babies---Pre-arrest bail application was confirmed, in circumstances.

Other judgments reported in 2024 MLD

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