SWAT: The Peshawar High Court Mingora bench in Swat has rejected the bail plea of the accused in the girl abduction case. The girl was taken forcefully from her house by her alleged fiancee (accused), however, the girl’s family reported to the police and registered a case of abduction.
As said by the girl’s counsel, advocate Mian Safeer Khan, the incident took place a month ago Pagorai area of tehsil Alpuri in Shangla.
The girl was taken away by alleged accused Rasheed Ali and his seven other accomplices, nominated in the FIR.
The police report and her relatives claims suggested that she was detained and sexually abused without her consent.
Mr Safeer Khan said, the Issue was highlighted on both social and mainstream media. Hence police recovered the said abductee from detention of accused Rasheed Ali. On the same day, she was produced before Judicial Magistrate Alpurai, where she recorded her statement.
She charged all of the accused for her abduction and kidnapping for forced marriage. She specifically charged one accused named Rasheed Ali for raping her for five days. On the other side, accused Rasheed Ali claimed that she is his lawful wife and he took her on the basis of their nikkah some years ago.
While the abductee/victim said in her statement that her mother gave her nikkah some years ago, she is not willing to have marital status with the accused Rasheed Ali. Therefore I charge all of the accused for my abduction and charge accused Rasheed Ali for my sexual abuse without my consent.
Later on prosecution inserted panel sections for kidnapping and sexual offenses. Additional District Judge Shangla dismissed his bail petition.
Also Justice Dr Khurshaid Iqbal of Peshawar High Court, Mingura Bench also dismissed his bail petition on the grounds that firstly she was forcefully taken by the principal accused with the help of other accused without her consent from her house at midnight.
Secondly she was subjected to sexual lust without her consent. Thirdly she is under eighteen years of age which is considered as minor according to Child Protection Act 2010.
Lastly her nikkah was effected through her mother (walli) which is subject to attainment of age of puberty. Hence she was exercising her right of puberty while denying from her childhood nikkah.
Justice Dr Khurshaid Iqbal quoted the principle of law that ” No one shall be permitted to profit by his own fraud, or to take advantage of his own wrong, or to found any claim upon his own iniquity, or to acquire property by his own crime”
Recently on similar circumstances Honorable Justice Babar Sattar of Islamabad High Court in case titled Mumtaz BiBi Vs Qasim (PLD 2022 Islamabad 228) held that no one can engage a child under age of 18 even under the cloak of marriage, with or without consent in sexual activity. Such sort of act would amount to sexual abuse and punishable under law.