-Ss. 497(2), 161 & 164--Pakistan Penal Code, (XLV of 1860), Ss. 365-B & 376--Bail, allowed--Unexplained delay of ten hours--Statement of victim u/S. 161, Cr.P.C. was silent regarding abduction-

 PLJ 2022 Cr.C. 593

Criminal Procedure Code, 1898 (XLV of 1898)--

----Ss. 497(2), 161 & 164--Pakistan Penal Code, (XLV of 1860),
Ss. 365-B & 376--Bail, allowed--Unexplained delay of ten hours--Statement of victim u/S. 161, Cr.P.C. was silent regarding abduction--Victim attributed forcible rape to petitioner but said allegation is neither corroborated by medico legal report of victim nor by report of Forensic Expert--Even her hymen is shown as intact in her medical report--No recovery was effected from petitioner--Even during investigation, victim has not shown place where she was subjected to forcible rape--Petitioner is in jail since arrest and his continuous detention for indefinite period would be unfair, in particular, when commencement/conclusion of trial in near future is not insight--All these considerations rendered case against petitioner one of thorough probe within meaning of Section 497(2), Cr.P.C.     [P. 594] A

Syed Afzal Shah Bukhari, Advocate for Petitioner.

Mr. Sana Ullah, Deputy Prosecutor General for State.

Date of hearing: 1.2.2022.

 PLJ 2022 Cr.C. 593
[Lahore High Court, Lahore]
Present: Sardar Ahmed Naeem, J.
LUQMAN--Petitioner
versus
STATE, etc.--Respondents
Crl. Misc. No. 75319-B of 2021, decided on 1.2.2022.

Order

Luqman, petitioner seeks post arrest bail in case registered vide F.I.R No. 341 dated 25.7.2021 under Sections 365-B, 376, PPC at Police Station Tarkhani, Faisalabad.

2. Allegedly, petitioner raped upon Saira Parveen, the victim.

3. After hearing the learned counsel for the parties and perusing the record, it was noticed that the incident was reported with unexplained delay of about ten hours. No plausible explanation was forthcoming on record for the said delay. The crime report suggests that the episode was enacted by three persons but during the investigation, the victim was examined under Section 161, Cr.P.C. wherein no other co-accused is nominated except the petitioner. Whereas, the statement of the victim recorded under Section 161, Cr.P.C. is also not in line with the crime report. The statement of the victim recorded under Section 164, Cr.P.C. is silent regarding her abduction by three persons, rather reflects as if she was a consenting party. The victim attributed forcible rape to the petitioner but the said allegation is neither corroborated by the medico legal report of the victim nor by the report of Forensic Expert. Even her hymen is shown as intact in her medical report. No recovery was effected from the petitioner. Even during the investigation, the victim has not shown the place where she was subjected to forcible rape. The petitioner is in jail since arrest and his continuous detention for indefinite period would be unfair, in particular, when commencement/conclusion of trial in near future is not insight. All these considerations rendered the case against the petitioner one of thorough probe within the meaning of Section 497(2), Cr.P.C.

4. For the foregoing reasons, the application is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court/Duty Judge.

(A.A.K.)          Bail allowed