04 November 2004	Thursday	20 Ramazan 1425

PESHAWAR, Nov 3: An additional district and sessions judge, Azharul Habib, on Wednesday acquitted five persons, including a man and his new wed wife, after it was proved that the girl had married the man of her free will.

The court observed that the prosecution could not prove its case against the accused persons.

Initially, the complainant, Mushtaq, had charged a family of four including Jawed, his father Yaqooth, his mother Humaira and sister Ayesha in an FIR registered at the Yakatoth police station on April 18, 2003.

He had stated that his daughter Shabana had friendly terms with Ayesha and she used to visit their residence. He alleged that they had abducted his daughter.

On his complaint, members ofthe family were arrested. However, it came to light later on that Shabana had left the house of her father of her free will and had married Jawed. The girl was later charged in the case under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

Advocate Muhammad Adil appeared for the accused and contended that Ms Shabana was not a minor and had married Jawed of her free will. He referred to a judgment of the Supreme Court in the case of Hafiz Abdul Wahid Ropari, contending that a girl who had attained maturity could marry a person of her choice without the approval of her wali.