If the girl in question is a minor & she has been subjected to Child Marriage then this may potentially also be a case of strict liability rape (if girl under 16) & sexual abuse (if under 18)- yes the PPC has contradictions - but in no event should media air any video msg of girl
If Police while investigating complaint of Child abduction finds the child (under 18) has been subjected to marriage, Police must note under PPC 361 Kidnapping includes "enticement" when girl under 16. There is no such thing as "Apni Marzi say gayi thi"...
Moreover, if the girl is a minor from Sindh (under 18) then her marriage is a offence of Child Marriage. She is a victim of a criminal offence. The police shouldn't take Nikah Nama as a defence. Such contracts of marriage are void ab initio in light of recent IHC judgment...
Also in addition to investigating offence of Child Marriage, Police must immediately without delay investigate all potential sexual offences under PPC 375(v) & 377A and also investigate those responsible for taking the girl from one place to another for said purpose under 366A...
As regards the Nikah Nama express rules are provided for under the Child Marriage Restraint Rules of Sindh that NADRA record or medical report confirming age is mandatory. For Punjab same directions were issued to Nikah Registrars by LHC in Tahira Bibi case.
Nikah Registrars know that they cannot solemnize child marriage hence they deliebrately write false age on Nikah Nama. In case of conversion they mostly base age on Sanad e Islam which lies about age & in other cases rely on Affidavits of Free Will issued by a Justice of Peace...
However back in 1969 the Supreme Court had ruled that Affidavit of Free Will cannot be issued on mere verbal statements to a girl and they should also gather evidence to satisfy themselves of the age of the girl
A child doesn't play an active part in #ChildMarriage. Law assumes minor child is a victim. It's wrong to phrase news as "14 saala larki nay Nikah kar lia". Correct expression is "14 saala larki ke saath Nikah kia gaya jo ghair qanooni hai". Marriage at 14 is illegal across Pak
Two alleged Child Marriage cases on our tv screens today & this is because legislation fell short of explaining status of NikahNama in the Child Marriage and only in 2022 IHC ruled that such NikahNamas are void. Provincial Assemblies and Hon' Judges across Pak need to step up
These cases will continue to happen unless we train Police specially Investigation Officers in Child Marriage laws along with PPC secs 375(v) as amended by Women's Protection Act, 2006 and sexual offences relating to child such as 377A and 292A and SC directions viz rape cases...
Hon Judiciary needs to have internal dialogue & form consensus on status of NikahNama's in child marriage cases across Pak & SOPs for Harassment Petitions as Abductors often file such Petitions against Police/Family with false affidavit showing child as adult to mislead Courts...
Grooming where child through predatory behaviour is prepared for sexual activity is somewhat addressed in PPC 292A which arguably envisions any behaviour towards preparing a child but the use of the word seduction instead of grooming allows for limited definition of criminal act 
Age of puberty should not be a debate anymore. Federal Shariat Court has declared Punjab Child Marriage Restraint Act (Age 16) in compliance with Shariah in 2021 case where as Federal Shariat Court also defined what is Consent for purpose of Marriage in details in 2012. See:
As regards validity of consent to NikahNama Hon Islamabad High Court in 2022 concluded "A female child below the age of 18 cannot be deemed to freely grant her consent to enter into a marriage contract merely because she manifests the physical symptoms of having attained puberty"
Another argument against old Supreme Court rulings where Nikah was considered valid on account of puberty & used as a defence to rape is that Protection of Women Act 2006 giving new definition of rape PPC 375 omitted express exception which existed regarding 13yr+ married girls.
A child marriage is defined under Sec 2(b) as a marriage where either party is a minor (under 18). Where both parties are found to be minor those facilitating the Nikah and solemnizing it are held responsible and to be punished under the Sindh 2013 Act
Are minor girls made to give false statements to Police & Courts? I've appeared in child marriage case where 6th class & 13 yr old child as per NADRA claimed in Court to be of 9th class & 18yrs. Hon' SHC ordered bone ossification test which confirmed school/NADRA record...
Accordingly, rather than trying to solve the case on media by playing counter statements it is imperative that Police immediately presents a child in any alleged child abduction & child marriage case before concerned Court & seek directions for verification of age & NADRA records
At the same time if the Child appears to be under any fear for violence or abuse at the hands of Parents adequate security should be ensured for the Child. Even when deciding custody between two parents the welfare of the concerned child is the foremost consideration for Courts.
The Learned Court has placed entire reliance on finding girl sui juris (of legal age 18) based on her statement. Not sure what assistance was given by Police to the Court. What if NADRA record is verified & proves Parents claim? Courts can't be complacent about a child's welfare.
Hon Supreme Court back in 1969 in Akbar Ali case had held that a Magistrate recording bayan filmukhtari of girl stating she "is a major & may exercise her right of free will" and relying for purpose on her own affidavit but making no inquiry about age was "legally not competent"
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