SHC dismisses bail plea of man in kidnapping and child marriage case

The Sindh High Court (SHC) on Friday dismissed bail application of a man in a case involving allegations of kidnapping for ransom, child marriage and rape.

Mohammad Tahir Jatoi was booked by police for his alleged involvement in kidnapping for ransom, child marriage and rape. According to the prosecution, the complainant had alleged that his 16-year-old daughter was kidnapped by the applicant and two others, Khuda Bux Jatoi and Mohammad Sultan, for ransom within the limits of the Bin Qasim police on April 2, 2022.

The complainant had also alleged that the suspects raped his daughter when she was in their captivity. Police later included the child marriage restraint charges against Tahir following the girl’s statement that she had married the man. Later, the girl changed her statement and said that she was kidnapped and her previous statements were obtained from her under duress.

A counsel for the applicant submitted that he and the girl were married and no case of rape and kidnapping could be made out. However, the complainant’s counsel submitted that even if the applicant had married the girl, the case fell within the ambit of the Sindh Child Marriage Restraint Act.

The girl’s father alleged that his daughter was forced to marry the applicant at gunpoint. A single bench of the SHC headed by Justice Omar Sial after hearing the arguments observed that the girl was found minor in the medical test and her consent for eloping with the applicant meant little.

The high court observed that the Section 361 of the Code of Criminal Procedure (CrPC) stated that whoever took or entice minor girl under 16 years into eloping without the consent of her guardian was said to have kidnapped her.

The SHC also took exception to the investigations observing that the genuineness of the marriage certificate and the person who conducted marriage should be brought into the investigations.

The bench observed that apart from the child marriage, the suspect also had to answer the charges under rape and kidnapping laws, both of which carried a sentence of life imprisonment.

The SHC observed that the vulnerability of minor girls in such cases often led them to live a life of an enslaved person and they could also be trafficked. The bench observed that in the present case, the investigation officer had completely lost sight of the possibility of the girl being trafficked.

The high court observed that showing leniency in such cases where minor girls were involved would only encourage the traffickers. The SHC observed that the case of the applicant was different from other co-accused as he had to answer the charges of offences that had punishment of life imprisonment. It observed that it seemed the applicant could tamper with evidence and exert undue influence on the victim but such observations were tentative in nature which should not come in the way of trial court to proceed the case in accordance with the law. The high court observed that no case for bail could be made out and dismissed the bail application.