Haq Nawaz son of Khadi Khan alongwith his cousin Afsar Khan and other womenfolk of the house, on 13-6-1995 at 19-00 hours, was present in his -house when Zari Dad, Noor Dad, Muhammad Anwar alias Torai, Said Wazir, Sabz Ali, Akhtar Gul, Jan Mir and Khan Mir while armed with 'klashnikovs' forced their entry into the house and at gun point abducted. Mst. Ulfat the cousin of complainant. This was in retaliation to the elopement of Mgt. Momin Zari daughter of Mir Dad who had gone after Jannat Gul, the cousin of the complainant about two days prior to the present occurrence. Noor Dad son of Umar Dad is arrested and refused bail by the two Courts below.
2. The forcible abduction in the instant case is proved prima facie through the statements of complainant in addition to the inmates of the house Mgt. Zahida, Bibi Zarina and another Afsar Khan mentioned earlier. The elopement of Mgt. Momin Zari a girl from accused side is another strong circumstance that proves the retaliation. The fact that it was elopement, is apparent from the fact that the F.I.R. Thereof was registered at Serial No.204 and only after the revenge had been taken through the present occurrence.
3. The girl Mgt. Ulfat was recovered on 16-10-1995 i.e. More than four months after the occurrence. It is claimed on the strength of the confessional statements dated 16-10-1995 of Mgt. Ulfat and Noor Dad petitioner, that she with her own consent and-free will had contracted marriage with the petitioner. The truth of such confessions remains yet to be determined at trial because if at all it had been a case of elopement and free will, there was no impediment in offering a surrender immediately after the occurrence, and there was no sense in keeping Mgt. Ulfat away for more than four months.
4. From the school certificate produced in Court and the medico-legal report of Mgt. Ulfat, it appears that her age is only 15 years and thus under Ordinance VII of 1979 she having not attained the age of 16 is not an adult. Whether she has attained puberty or not remains yet to be determined at trial and in these circumstances her discretion to elope and her consent to a marriage and eventually to sexual intercourse might not entail upon legal consequences suited to the petitioner.
The application is hereby dismissed.