2023 SCMR 397
S . 497 ( 2 ) -- Penal Code ( XLV of 1860 ) , Ss . 376 & 292 --- Constitution of Pakistan , Art . 185 ( 3 ) --- Rape , sharing explicit videos and pictures of a rape victim --- Bail , grant of --- Further inquiry --- Allegedly the accused committed rape with the complainant 2/3 months prior to lodging of the FIR but no specific date and time of the alleged occurrence had been disclosed --- Complainant did not utter even a single word for the delay in lodging the FIR --- During medical examination of the complainant , the lady doctor found no visible redness , abrasion , bruise , laceration , tear or any other violence mark on the body was found to be old ruptured of the alleged victim --- Hymen and there was no sign of bleeding --- Neither any DNA test nor grouping test of the semen had been conducted --- In the absence of grouping test of the semen , it could not be held with certainty that the victim was subjected to zina by the accused especially when she was admittedly a married , woman --- Although , the video of the alleged occurrence was sent to the Forensic Science Laboratory ( FSL ) for analysis but the report showed that the video was created about seven months prior to the registration of the FIR , which prima facie contradicted the prosecution story --- Prosecution showed its ignorance to the query whether the mobile from which the video and explicit pictures phone / instrument had also not been sent to FSL for analysis --- made belonged to the Accused was behind the bars for the last one year --- Case of the accused --- Mobile accused squarely fell within the ambit of section 497 ( 2 ) , Cr.P.C calling for further inquiry into his guilt --- Petition for leave to appeal was converted into appeal and allowed , and accused was admitted to bail .
0 Comments