17 February 2004	Tuesday	25 Zilhaj 1424

PESHAWAR, Feb 16: The Peshawar High Court on Monday granted bail to a female juvenile offender, who is a victim of childhood marriage, in a case of drug pushing.

A single bench of the court comprising Justice Tariq Pervez ordered that the petitioner, Ms Bano, be released after furnishing two sureties of Rs1,00,000 each. The bench observed that as the petitioner was also having a three-month-old child with her in the prison and was a juvenile offender, she deserved leniency.

Noor Alam Khan, the chief of an NGO, Voice of Prisoners, appeared for the petitioner and argued that she had fallen prey to the custom of Watta Satta and while she was only ten she was engaged to the brother of her sister-in-law.

He pointed out that the additional district and sessions judge had dismissed her bail petition even though the medical board had not yet given its report regarding her age. He added that they had also filed an application for ascertaining the fact that a baby girl was living in the prison with the petitioner.

The bench took exception to the lapses on the part of the additional district and sessions judge and observed: "Why the judge did not wait for the outcome of the two applications regarding age of the petitioner and presence of an infant with her in the prison?"

The bench observed that when the additional sessions judge had allowed the two applications in the main bail petition then he should have waited for the outcome of those two applications.

Mr Khan contended that on merit the evidence on record did not connect her with the commission of the offence. The accused, Ms Bano, is stated to be a juvenile offender as her age on record is about 17 years.

She was arrested along with a male-accused, Hashmat Khan, stated to be her brother-in-law, on Nov 16, 2003, by the officials of the West Cantonment police station.

The police alleged that they spotted a woman and a man coming on Bara Road. On search, they recovered 3kgs of charas from the lady and 2kgs from the man. An FIR was registered against them under section 9 of the Control of Narcotics Substance Act, 1997.

During her statement recorded with the police under section 161 of Criminal Procedure Code, the woman said that a few years back her brother got married with one of their relatives.

She added that as no female was left at the residence of his brother's mother-in-law for doing household chores, it was decided that she (Ms Bano) be engaged with the brother-in-law of her brother. She claimed that her husband was also a minor at the time.

Ms Bano stated that she was shifted to the residence of her husband, Altaf Hussain, where she used to perform routine work. Four years ago, she claimed, their nikkah was performed. The lady claimed that one month ago she gave birth to a female child. She added that her husband was already jobless and they found it hard to make both ends meet.

Her husband, she stated, left his residence for Karachi and did not return. The accused said she was living in Jamrud (Khyber Agency) along with her in-laws and as she had no other option she accompanied her brother-in-law on the day of occurrence.