Zakir Khan vs Wahid-ur-Rehman Ss — 2026 PCrLJ 495 PESHAWAR-HIGH-COURT

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Zakir Khan VS Wahid-ur-Rehman Ss. 364-a & 511--- Khyber Pakhtunkhwa Child Protection and Welfare act (XIII of 2010), S. 53---Criminal Procedure Code (V of 1898), S. 342--- Kidnapping or abducting a minor, attempted rape, sexual abuse---appreciation of evidence---Specific plea taken by accused in his statement---Scope---accused was charged for abducting minor daughter of complainant for sexual abuse---after having been examined under S.342, Cr.P.C, the appellant availed opportunity of recording his statement on oath under S.340(2), Cr.P.C.---In his statement on oath, while denying the charge, accused deposed that on the eventful day, he was in a Bazar in connection with preparing a photo of his own that was required to be annexed with his application for employment in the Rescue 1122 department---accused stated that there was a CCTV camera in front of the shop---accused further deposed that he was also purchasing kheer (pudding) for his daughter from a milk shop, for which purpose he entered in the shop and when he came out, found his motorcycle missing---While he was standing there, the complainant came there and started an altercation with him, as a result of which, he was taken to the police station---accused complained that the CCTV footage was not obtained by the Investigating Officer despite his repeated requests and rather he was brutally beaten as a result of which he became ill---In such respect accused also produced copies of his medical treatment comprising of 25 pages---Statement further showed that when he came to know that his motorcycle was missing, he made a cellular call from his SIM to his home but the Call Data Record (CDR) was not obtained despite his repeated requests---accused admitted that legally he could have more than one SIMS of his mobile phone---accused also deposed that he had been implicated in the case due to his political affiliations---appeal against conviction was allowed, in circumstances.

Zakir Khan vs Wahid-ur-Rehman Ss — 2026 PCrLJ 495 PESHAWAR-HIGH-COURT

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