Rape committed by two or more persons

S. 497 (2)---Penal Code (XLV of 1860), S. 376---Rape committed by two or more persons in furtherance of common intention---Bail, grant of---Further inquiry---Doubtful occurrence---Delay in lodging F.I.R.---No marks of violence on body of victim---DNA report negative ---Effect---Accused persons allegedly committed rape of alleged victim---F.I.R. was registered with a delay of two days---One of the co-accused had been discharged from the case on the statement of complainant made during investigation, wherein it was categorically stated that said co-accused had been involved due to a misunderstanding---Story narrated in the F.I.R. became doubtful in such circumstances---Medical evidence of alleged victim showed that there were no marks of violence on her body---DNA report was negative ---Investigation of the case was complete---Accused persons were previous non-convicts and were never involved in any criminal case---Case was one of further inquiry into guilt of accused persons, therefore they were admitted to bail.

2013  MLD  1115

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