PESHAWAR, Feb 4: A victim of childhood marriage is living with her three-month-old daughter in a prison on charges of drug smuggling.

The accused, Bano, is stated to be a juvenile offender as her age on record is about 17 years. Without ascertaining her age the court of an additional district and sessions judge dismissed her bail application last month. Her bail petition is now pending before the Peshawar High Court.

She was arrested along with a man, Hashmat Khan, stated to be her brother-in-law on Nov 16, 2003, by the officials of the West Cantonment Police Station. The police claimed that they had prior information about smuggling of narcotics from Bara (Khyber Agency) to Punjab.

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

Her counsel filed an application before the additional district and sessions judge for ascertaining her age as he had claimed that she was a juvenile offender. He added that she was also having an infant with her in the prison.

Without waiting for the report of standing medical board, the court dismissed her application, observing that the repot had not been received.

During her statement recorded with the police under section 161 of the Criminal Procedure Code, the accused stated that few years back her brother got married with one of their relatives. As no woman was left at the residence of his brother's mother-in- law for doing household chores, therefore it was decided that

Bano should be engaged with the brother-in-law of her brother. She claimed that she was ten and her husband was also minor at that time.

The accused had 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.

She had claimed that one month ago she gave birth to a girl child. She added that her husband was already jobless and they found it hard to make the both ends meet. Her husband, she stated, left his residence for Karachi and did not return.

The accused said that she was living in Jamrud (Khyber Agency) along with her in-laws and as she had no other option, but to accompany her brother-in-law on the day of occurrence.

She added that she should be forgiven as due to extreme poverty she had to take the step.

The Voice of Prisoners has been dealing with her case as she had no money to hire a counsel. The organization claimed that under the Juvenile Justice System Ordinance, 2000, the trial court had to record her age in the first instance.

Soon after her arrest the police had to inform the concerned probation officer who was duty bound to record her social investigation report including her age and social background, said the chairman of the organization, Noor Alam.