Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Cafe (XLV of 1888)

Section: 496-A/363/376/365-B

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.496-A/363/376/365-B---Bail, grant of---Abductee had made two statements under S.164, Cr.P.C. making serious allegations: against the complainant in her first statement and involving the accused fully in her second statement---Case of accused in the presence of two contradictory statements of the abductee had become one of further inquiry---Testimony of the abductee who had been making different statements at different times would be considered with great care and caution, particularly while determining the legal effect of her aforesaid second statement charging the accused-Taking the vaginal swabs of the abductee after 18 days of the occurrence during her medical examination was of no significance, especially in the absence of the report of the Chemical Examiner---Contradictory statements of the abductee in the absence of any strong corroboration could not be relied upon---Possibility of false implication of accused could not be ruled out---Accused was admitted to bail in circumstances. Zahoor Hussain Shah v. The State 2008 YLR 2797; Manzoor Ahmed v. The State 2008 YLR 2351 and Anwar and others v. The State 2006 PCr.LJ 710 ref. ORDER IQBAL HAMEED-UR-REHMAN, J.--- The learned counsel seeks post-arrest bail of the petitioner in F.I.R. No.159 of 2008 dated 14-4-2008 under sections 496-A, 363, 376, 365-B, P.P.C. registered at Police Station Chinab Nagar, District Jhang. 2. Briefly, according to the F.I.R. the allegations against the petitioner are that he forcibly abducted the wife of the complainant namely Mst. Naureen and her son. 3. According to the learned counsel for the petitioners there is a delay of 20 days in lodging of the F.I.R. for which no explanation has been given; that the, abductee made the first statement under section 164, Cr.P.C. on 5-4-2008 against the complainant before the Illaqa Magistrate wherein she stated that the complainant is a very cruel person; that he has been torturing her and that he is an addict person and has been compelling her to commit adultery and that the complainant also tried to kill her with Toka. In view of the statement of the abductee she…

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