S. 497 ---Penal Code (XLV of 1860), S. 376---Rape---Bail, refusal of---Allegation against accused (imam mosque) was that he committed Zina with the victim, who was getting education of the Holy Quran at the mosque---Contentions of the accused were that he had been involved in the case due to a previous enmity between the parties; that there was a dispute over 'Imamat' of the mosque between the accused and a close relative of the complainant; that there was an unexplained delay of four days in lodging of the F.I.R.; that report of the Chemical Examiner and DNA tests were negative , and that medico legal report of the victim did not reveal any injury or mark of violence on the body of the alleged victim---Validity---Medico legal report of the victim revealed that her hymen was torn and her vagina admitted two fingers---Accused had failed to point out as to why the complainant had involved the accused in a case in which he himself ran the risk of stigmatizing his young daughter (victim)---Contentions of the accused related to deeper appreciation of the material available on record, which was neither desirable nor required at bail stage---Accused was involved in a heinous offence which fell within the prohibitory clause of S. 497 , Cr.P.C.---Bail petition of accused was dismissed, in circumstances.
2013 PCrLJ 733
0 Comments