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---Kidnapping or abducting a minor, attempted rape, sexual abuse---appreciation of evidence---Testimonies of eye-witnesses doubtful---Infirmities in investigation---accused was charged for abducting minor daughter of complainant for sexual abuse---Ocular account of the occurrence comprised of the deposition of eye-witness and the complainant---Complainant alleged that the appellant tried to abduct the victim for sexual assault---Eye-witness deposed that while he was going to purchase some grocery items from a shop in village, he got attracted to the noise; saw that the appellant was abducting the victim on his motorcycle; that appellant was chased by said witness (the father and grandfather of the victim and other residents of the village) who took hold of him along with the motorcycle---Cross-examination of complainant divulged that when he came out, he had seen that the motorcycle of the appellant was not in start condition and the victim was sitting on the motorcycle and at that time, no other person was there---Cross-examination of eye-witness showed that when he reached to the spot, he had seen the victim sitting on the motorcycle and the appellant was not sitting there but was trying to run away---Deposition further showed that when eye-witness reached the spot, he had seen that the appellant was sitting on the motorcycle and was trying to run away---Victim was sitting on the front part of the motorcycle---appellant was not holding victim and she was weeping---Thus, it was doubtful as in which mode and manner both the witnesses witnessed the occurrence---Circumstances showed that the appellant could easily run away even while successfully abducting the victim while sitting on the motorcycle---Eye-witness in one breath deposed that when he reached, the appellant was not sitting on the motorcycle and was trying to decamp---In the next breath, eye-witness stated that when he reached, the appellant was sitting on the motorcycle and was trying to decamp---Then, if the victim was sitting on the motorcycle and weeping and was not in clutches of the appellant, she surely must have fallen down if the appellant was trying to run away on the motorcycle---Site plan did not depict the house of the eye-witness, thus, it was doubtful as to whether he was a resident of the same locality and how he suddenly got attracted to the spot---Prosecution contended that there were so many other residents of the village who successfully overpowered the appellant and took him to the police station along with the motorcycle, but no other witnesses were examined as witnesses of the occurrence---Eye-witness remained silent except the statement of complainant---Moreover, the Investigating Officer did not record the statement of the victim---Investigating Officer did not verify the site plan from the victim---Investigating Officer did not confirm whether the victim was capable to record her statement---Investigating Officer did not record statements of the owners of the nearby fields depicted in the site plan---appeal against conviction was allowed, in circumstances.

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

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