SALMAN MUSHTAQ vs State Ss — 2024 SCMR 14 SUPREME-COURT

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SALMAN MUSHTAQ VS State Ss. 497(2) & 498---Penal Code (XLV of 1860), S. 365-B---Constitution of Pakistan, Art. 185(3)---Kidnapping, abducting or inducing woman to compel for marriage etc.---Pre-arrest and post arrest bail, grant of---Further inquiry---According to the prosecution case, the alleged victim was abducted---However, according to the petitioners (accused persons), alleged abductee, being sui juris, contracted a marriage with one of the accused of her own free will and volition, and the marriage was duly registered---One of the petitioners, who was now seeking post-arrest bail, was the real brother of the abductee---It was also a matter of record that one of the accused, who claimed to have married the alleged abductee, filed a suit for restitution of conjugal rights before the Family Court which was decreed in his favour, whereas the alleged abductee had also filed a suit for jactitation of marriage---In the suit for jactitation of marriage, the alleged abductee admitted that the marriage was solemnized, but under fear and threat---It was a matter of further inquiry to ascertain whether the alleged abductee's real brother was in actuality involved in the abduction and whether he aided or facilitated the commission of the heinous crime of rape against his real sister --- Question was if the brother of the alleged abductee was involved in the abduction then why was he not nominated in the FIR, and why was he only implicated subsequently on the basis of the statement of the alleged abductee recorded under section 164, Cr.P.C.---No medical examination of the alleged victim was conducted for recovering DNA (Deoxyribonucleic acid) despite the serious allegation of rape---Considering that the offence of rape was suspected and reported to the police, the medical examination should have been conducted immediately and without any delay in order to draw DNA samples---Possibility of mala fide intention in lodging the FIR could not be ruled out, and, at present stage, there were no reasonable grounds for believing that the accused persons were involved; rather, there were sufficient grounds for further inquiry to prove the guilt of the accused persons---Petitions for leave to appeal were converted into appeals and allowed, ad-interim pre-arrest bail granted to two of the accused was confirmed, while the third accused (brother of alleged abductee) was granted post-arrest bail.

SALMAN MUSHTAQ vs State Ss — 2024 SCMR 14 SUPREME-COURT

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