Azhar Ali vs State S — 2026 PCrLJ 602 KARACHI-HIGH-COURT-SINDH

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Azhar Ali VS State S. 497---Penal Code (XLV of 1860), S. 365-B---Prevention of Trafficking in Persons Act (XXXIV of 2018), S. 3---Forcible abduction, trafficking in persons---Bail, dismissal of---Allegation against the accused-applicant was that he abducted the daughter of complainant with the intent to seduce her into illicit intercourse---Record reflected that the applicant was specifically nominated in the FIR and was alleged to have enticed away a girl whose age, as per the ossification report and documentary evidence, fell between 15 and 16 years---Plea of free-will marriage raised by the accused was of no avail at this stage as the consent of a minor was not legally valid for purposes of marriage or departure from lawful guardianship---Furthermore, the recovery of the girl from the custody of the accused strengthened the prosecution's version at this stage---Medical and documentary evidence regarding minority of the abductee shifted the case outside the purview of further inquiry---Where the abductee is a minor, her consent is of no legal consequence---Statements under Ss.161 or 164, Cr.P.C., a Nikahnama, or an affidavit, howsoever voluntarily made, cannot override the statutory protection accorded to minors, nor can such documents be used as a defence to vitiate the allegations of kidnapping, particularly where recovery is made from the custody of the accused and age is medically and officially shown to be below the legal threshold---Primafacie, the provisions of Ss.365-B, P.P.C and S.3 of the Prevention of Trafficking in Persons Act, 2018, appeared to be attracted---Contention that the girl contracted marriage out of her own free will may carry weight at trial, however, at this stage, her minority made her alleged consent legally immaterial, especially when the offence fell within the prohibitory clause---Bail application was dismissed, in circumstances.

Azhar Ali vs State S — 2026 PCrLJ 602 KARACHI-HIGH-COURT-SINDH

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