| Case ID |
20327416-4592-45cb-bf77-05db894e5944 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 612/H of 1978 |
| Decision Date |
Aug 01, 1978 |
| Hearing Date |
|
| Decision |
The petition under section 491, Cr. P. C. was dismissed in limine. The court held that the proceedings regarding the age and willingness of the abductee cannot be treated as final. The father's testimony regarding his daughter's age was considered credible, and the court emphasized that the trial court must assess the circumstances surrounding the case, including the nature of the alleged abduction. The court noted that the alleged abductor must seek forgiveness and approach the situation honorably, especially given the close relations between the parties involved. The decision underscored the importance of protecting the abductee from further humiliation and ensuring her future is not compromised. |
| Summary |
This case revolves around a petition for habeas corpus under section 491 of the Criminal Procedure Code concerning an alleged abduction. The Lahore High Court addressed the complexities surrounding the age and willingness of the abductee, as well as the credibility of the evidence presented. The court highlighted the need for humane treatment of the parties involved, particularly emphasizing the rights of the minor. The decision reflects a broader understanding of the legal implications of abduction under Pakistani law, specifically sections 363 and 366 of the Penal Code. This case serves as an important reference for future cases involving similar circumstances, focusing on the protection and rights of minors in abduction cases. The court's dismissal of the petition reinforces the importance of thorough investigations and the need for respect towards the victims of such crimes. Legal professionals should note the implications of this ruling for future habeas corpus petitions and the treatment of minors in legal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, J
|
| Lawyers |
Sh. Magbool Ahmad
|
| Petitioners |
MUHAMMAD INAYAT
|
| Respondents |
2 others,
Ch. MUHAMMAD SALEEM
|
| Citations |
1979 SLD 138,
1979 PLD 154
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
491,
363,
366,
34
|