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Muhammad Tahir Jatoi vs State S — 2024 MLD 1344 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 1344 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
Muhammad Tahir Jatoi vs State S
Subject matter
Criminal
Provisions referred to
S. 498---P; S. 376; S. 497; Penal Code (XLV of 1860); Sindh Child Marriage Restraint Act

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

Muhammad Tahir Jatoi VS State S. 498---Penal Code (XLV of 1860), Ss. 365-B & 376---Carrying away of a woman by any means with an aim that she may be compelled to marriage or forced or made to illicit intercourse, against her will---Pre-arrest bail, refusal of---Petitioner was charged for kidnapping the daughter of complainant for illicit relations---Record showed that daughter of the complainant had married accused/applicant out of her own free will and, in that connection, had appeared before the Court to record her statement that she had allegedly married the applicant---At that stage, a charge under Ss.3 and 4 of the Sindh Child Marriage Restraint Act, 2013, was also included against the applicant---Abductee was sent to Darul Aman on the instructions of the Court, and it appeared that some days later, she opted to go back home with her parents---Later on, abductee took a somersault on her earlier stance and now alleged that applicant had kidnapped her and that all her appearances in Court and earlier statements were obtained from her under duress---As per record, charge under S.376, P.P.C, had also been added against the applicant---Said Section was the penal provision for the offence of rape, which carried a potential sentence of 10 to 25 years or imprisonment for the remainder period of natural life, thus falling within the non - prohibitory clause of S.497, Cr.P.C---Upon a tentative assessment, the applicant might have a case to answer for offences leading to a life in prison---Moreover, it also seemed that the applicant could tamper with evidence and exert undue influence on the victim---Bail application was dismissed, in circumstances.

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