P L D 1978 Lahore 1330 (PLP)
MUHAMMAD ANWAR‑Petitioner Versus MUHAMMAD SULEMAN‑Respondent
| Citation | P L D 1978 Lahore 1330 (PLP) |
| Forum / Court | ‑----S. 491‑Habeas corpus‑Abductee being with her brother unfair to her to be brought to Court at instances of petitioner her alleged abductor‑Petitioner if thinking girl's statement under S. 164, Cr. P. C. having not been made out of her free will opportunity would be open to him to establish same through cross‑examination when abductee girl appeared as prosecution witness against him at trial Restoration of girl to petitioner refused in circumstances‑Criminal Procedure Code (V of 1898), S. 164.‑Habeas corpus. |
| Bench Members | Muhammad Afzal Zullah, J |
| Parties | MUHAMMAD ANWAR‑Petitioner Versus MUHAMMAD SULEMAN‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑ |
Q1: What are the key laws and sections cited in P L D 1978 Lahore 1330 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1978 Lahore 1330 (PLP)?
The case was heard and decided by the ‑----S. 491‑Habeas corpus‑Abductee being with her brother unfair to her to be brought to Court at instances of petitioner her alleged abductor‑Petitioner if thinking girl's statement under S. 164, Cr. P. C. having not been made out of her free will opportunity would be open to him to establish same through cross‑examination when abductee girl appeared as prosecution witness against him at trial Restoration of girl to petitioner refused in circumstances‑Criminal Procedure Code (V of 1898), S. 164.‑Habeas corpus. bench comprising: Muhammad Afzal Zullah, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1978 Lahore 1330 (PLP) (MUHAMMAD ANWAR‑Petitioner Versus MUHAMMAD SULEMAN‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Ejaz Ahmad Khan for Petitioner.
Headnotes / Summary
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S. 491‑Habeas corpus‑Abductee being with her brother unfair to her to be brought to Court at instances of petitioner her alleged abductor‑Petitioner if thinking girl's statement under S. 164, Cr. P. C. having not been made out of her free will opportunity would be open to him to establish same through cross‑examination when abductee girl appeared as prosecution witness against him at trial Restoration of girl to petitioner refused in circumstances‑Criminal Procedure Code (V of 1898), S. 164.‑[Habeas corpus].
Judgment & Decree
This is a usual type of habeas corpus petition in an abduction case. It appears that culprits forced an abductee (the alleged detenu) to file a writ petition in this Court showing as if she was a willing party to a Nikah nama. The writ petition came up before my learned brother, Gulbaz Khan, J., on 24‑5‑1978 when it was dismissed in limine. It was noted that according to the abductee's brother her age was 13/14 years and further that she had supported the prosecution case in her statement under section 161, Cr. P. C. The High Court had observed that her statement might also be recorded under section 164, Cr. P. C. Learned counsel states that the statement was recorded in which she supported the prosecution; but according to the learned counsel this was under coercion. It is very strange that according to the learned counsel when the abductee purportedly became party to the Nikah (when according to her brother she was with her abductors), she was not under coercion but when she made a statement before a Magistrate under section 164, Cr. P. C. she was under coercion. Reliance of the learned counsel on the writ petition which was allegedly filed by the abductee is misplaced and does not help the petitioner.
2. At present, it is stated that the abductee is with her brother. It will be unfair to the abductee if she is brought at the instance of the petitioner, her alleged abductor, to this Court. If the petitioner thinks that the abductee has not made the statement under section 164, Cr. P. C. out of her A f free will, the accused would have an opportunity of establishing the same through cross‑examination when she appears as a prosecution witness against them at the trial. Learned counsel has expressed an apprehension that the detenu being pregnant there is likelyhood of the respondent causing her some physical harm. That is hardly a reason for the petitioner seeking the custody of the detenu. If the pregnancy is on account of rape and if in that situation she is restored to the petitioner, she will be under graver danger in so far as her pregnancy is concerned.
3. With the above observations I find no merit in this petition. It is not only frivolous but also mala fide. Dismissed in limine. S. A. H. Application dismissed.