-S. 497--Pakistan Penal Code, (XLV of 1860), S. 376(i)--Post-arrest bail--Crime report was lodged With delay of one day-

 PLJ 2022 Cr.C. 491

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

----S. 497--Pakistan Penal Code, (XLV of 1860), S. 376(i)--Post-arrest bail--Crime report was lodged With delay of one day--Allegation as leveled in crime report does not get support from report of Punjab Forensic Science Agency regarding DNA and serology analysis--DNA report qua present petitioner is negative as no seminal material was found--Petitioner is behind bars since his arrest and not required. [Pp. 491 & 492] A, B & C

Sardar Khurram Latif Khan Khosa, Advocate for Petitioner.

Mr. Ansar Yasin, Deputy Prosecutor General for State.

Peer Syed Muhammad Najmul Husnain, Advocate for the Complainant.

Date of hearing: 8.12.2021.

 PLJ 2022 Cr.C. 491
[Lahore High Court, Multan Bench]
Present: Ali Zia Bajwa, J.
MUHAMMAD ASIF--Petitioner
versus
STATE--Respondent
Crl. Misc. No. 7807-B of 2021, decided on 8.12.2021.

Order

Through this petition filed under Section 497, Cr.P.C., petitioner Muhammad Asif seeks his post-arrest bail in case FIR No. 446/2021, dated 19.07.2021, registered under Sections 376(i), PPC with Police Station City Kehror Pacca, District Lodhran.

2. The brief facts as narrated in the crime report are that on 18.07.2021, at about "Isha-waila" the petitioner on the strength of pistol raped the daughter of complainant namely Mst. Razia Bibi.

3. Arguments heard and record perused.

4. Perusal of the record reveals that the crime report was lodged With the delay of one day for which no explanation has been rendered by the complainant. As per contents of the crime report, though there is specific allegation against the petitioner that he committed rape with Mst. Razia Bibi, daughter of the complainant, but such allegation is not supported by the medical evidence as the doctor who medically examined the victim gave the final opinion as under:

"I have received PFSA report PFSA2021-427460-DNA-062807, on date 09/10.2021. According to PFSA report PFSA2021-

427460-DNA-062807, No seminal material was found on item#l,2,3 and 4.1-4.4. Victim is a divorced lady married in 2013 and got divorced in 2018. On examination of private parts, no swelling, abrasion, bruise or any sign of violence was found. On P/V old ruptured healed Hymen 2 finger loose. Also victim gave history of being injured during rape. But no injury correlating her history was found on any parts of body. According to final opinion No rape was committed."

The allegation as leveled in the crime report does not get support from the report of Punjab Forensic Science Agency regarding DNA and serology analysis. DNA report qua the present petitioner is negative as no seminal material was found on item No. 1,2,3 and 4.1-4.4, therefore, no further DNA analysis (short tandem report profiling) was conducted on these items. All these facts and circumstances makes the case of present petitioner one of further inquiry falling within the ambit of Section 497 (2), Cr.P.C. Reliance in this regard is placed on cases of "Muhammad Nauman Hanif”[1] "Abdul Gaffar”[2] "Muhammad Tanvir".[3] The petitioner is behind the bars since his arrest and not required to the police for investigation purposes. The guilt of the petitioner regarding committing rape would be determined by the learned trial Court after recording of prosecution evidence. The petitioner cannot be kept behind the bars for indefinite period.

5. What has been discussed above, the instant bail petition 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/-(Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of learned trial Court.

(A.A.K.)          Bail allowed

---

[1].      “Muhammad Nauman Hanif vs. The State and another" (2016 SCMR 1399).

[2].      “Abdul Ghaffar vs. The State and others" (2016 SCMR 1523).

[3].      “Muhammad Tanvir vs. The State and others" (2017 SCMR 366).