Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 337-L(ii),354,354A

Criminal Procedure Code (V of 1898) S. 497 Penal Code (XLV of 1860), Ss.337 L(ii), 354 & 354 A ¬Bail, grant of Challan submitted before Trial Court did not contain provisions of S.354 A, P.P.C. Statement of victim recorded by police showed that she was dragged by accused, but no allegation existed that string of her Shalwar was cut or she was denuded in public Whether any offence under S.354 A, P.P.C. was committed or not would be determined by Trial Court after recording of some evidence Offence under S.354, P.P.C. was bailable and under S.337 L(ii), P.P.C. was not punishable with ten years or more Accused were admitted to bail, in circumstances. Muhammad Amir v. The State PLD 1972 SC 277 ref. THIS ORDER PASSED BY: MUHAMMAD FARRUKH MAHMUD, JUSTICE:---.--- Zafar Iqbal, Muhammad Sarfraz and Shahid Iqbal alias Shehzad petitioners have sought their post arrest bail in case F.I.R. No. 285 registered at Police Station Burjwala, District Sahiwal on 19 9 2001 for an offence under section 354, P.P.C. Subsequently, offence under section 337 L(ii), P.P.C. was also added. Meanwhile, section 354 A, P.P.C. was added and deleted. 2. According to the story as given in the F.I.R. Mst. Naziran Bibi, unmarried sister of the complainant was dragged by the petitioners who were raising Lalkaras that they will denude her in public and will commit rape with her. At that time the petitioner Zafar Iqbal was allegedly armed with a dagger while Sarfraz petitioner was armed with iron rod. It is further stated that while the sister of the complainant was being dragged, her shirt .was torn and her breast was exposed. When the complainant tried to intervene, the, accused petitioner threatened with life and thereafter Zafar Iqbal petitioner with his dagger cut the string of Mst. Naziran, threw away her Shalwar and continued dragging Mst. Naziran for a distance of four acres. Due to dragging Mst. Naziran received injuries on her person. It was further added that Mst. Naziran was dragged by the petitioners to their houses but they could not succeed in committing rape with her as the inmates of the village had assembled there. The motive as' given in the F.I.R. was that the petitioner…

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