Sadaf Khan, born on 03.06.2005, daughter of Shakeela Amir and Amir Khan, student of 4th grade in Cholistan Community School, resident of DRB/ Yezman, District Bhawalpur, Christian by faith, was abducted from her home. The abductor did not just Kidnapped a 13 years old girl but also robbed the house and fled away. An FIR was registered in the local Police Station right after her parents figured out that the house was intruded and Sadaf was missing. Mubasher Abbas, resident of DRB/ Yezman, Distirct Bhawalpur, belongs to a wealthy family of Baloch and also has an influence on the city. He used to sat in the way, from where Sadaf, walked home daily from school. His demonic lust towards Sadaf grew day by day and he started teasing her. Sadaf told her mother about his growing intentions and actions due to which Shakeela manhandled Mubasher and warned him to stay away from her daughter. He felt deeply offened by Shakeela and planned on doing something about it. On 06.02.2019, Mubasher Abbas along with his father Azhar Hussain and a companion Maqbool khan decided to kidnap a 13 year old girl and robbing her house. They executed it as planned. When shakeela confronted him, he admitted his doing and said that he will restore Sadaf from his possession but Mubasher didn’t do as promised. Shakeela, filed an FIR against them and asked police for help. SHO and IO arrested the accused and tried to get back the girl peacefully but the girl was so intensely threatened that Mubasher, will create a religious dispute in the city that her family would have to face if she disclosed a word about the occurrence. Due to which she kept silent and in grieve and pressure, she allowed her masters to decide for her. On 09.02.19, the possessors (accused) file a petition against SHO that he is unlawfully abusing his powers and illegally harassing the girl. The petition was decided against SHO on 15.02.19. On 23.02.19, Shakeela, filed a criminal case u/s 22-A Cr.Pc against Mubasher Abbas and others with 365-b and 380 PPC i.e. an offence of abducting a minor and marrying her i.e. an punishable offence u/s 4 and 5 of Child Marriage Restraint Act and Theft. Against to which the respondents argued that after being unsuccessful by force in getting what was demanded, Petitioners has registered this case with false accusation of malafide intentions and theft while no such incident has been taken place. Sadaf has willfully left her house, converted to Islam and willingly married the accused. As per the law which is unlawful that a minor girl cannot marry or convert to another religion WITH her will until or unless she attain the age of majority in the eye of the law. Here the right of liberty and right to life and right to practice faith in which one is born has been infringed i.e. Article 1 and 3 of HRA. On 26.02.19, The petitioner requested an appeal to moved Sadaf to a safe custody from the custody of the Mubasher Abbas and others (accused) because the girl is of tender age and has already faced a lot of pressure and to avoid any coercion but the application was denied by the court and instead a statement was recorded u/s 164 that Sadaf does not want to proceed accordingly, which was not actually said orally by Sadaf herself but said by another person, which is also an offence u/s 17 of Offences Against the Admistration Of Justice and Art 191. Thus, this act of providing forged evidence shows the malafide intentions of the accused. Then the police requested a constitution of a medical checkup of the Sadaf to prove that the girl is of tender age but the request has been denied by Mubasher Abbas and others. Because, if the said appeal would be granted by the courts then the accused will be proven guilty of the said charges against him. The petitioners has provided un-rebuttable material and evidences to prove that the girl is of tender age and yet cannot convert and marry according to her will. After this Sadaf filed a petition to quash the case but was denied by the Judge because of her age has not been yet completely concluded. They have also said that Sadaf is living happily after being converted and marrying Mubasher abbas. Another document was provided before the court by the Respondents that Sadaf converted to Islam on 02.05.19 and Kazi (priest) of the Mosque situated in the area conducted the process and is a witness of the conversion. Sadaf’s case has been appealed in High Court (Bahawalpur Bench) to be heard and brought to justice.
The Voice took up this case when this incidence occurred and have been providing free legal aid to the victim and her distressed family since this case was started.
Reported By,
The Voice Society
