Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 376(i),511

Criminal Procedure Code (V of 1898)---.--- ---.---S. 497(2)---.---Penal Code (XLV of 1860), Ss.376(i) & 511---.---Attempt to commit rape---.---Bail, grant of---.---Further inquiry---.---Allegation against accused, real father was for attempting to commit zina with his minor daughter---.---No independent and natural witness was available against the accused---.---Counsel for accused had submitted that the relations between the complainant and accused were strained and due to which such drama had been staged by the complainant---.---When relations between the complainant wife and accused/husband were strained, such allegation could be levelled at the instigation of some intriguer; it appeared improbable for the man of common prudence that real father could attempt to commit zina with his real minor daughter---.---Doubt had arisen in the prosecution story and case appeared to be of further inquiry---.---Accused was granted bail, in circumstances. THIS ORDER PASSED BY: ABDUL HADI KHOSO, JUSTICE:---.--- This is a bail application filed on behalf of applicant Ali Muhammad son of Muhammad Saffar, in Crime No. 236 of 2009, Police Station Pinyari, under sections 376(i) and 511, P.P.C. The facts of the case are that Mst. Maqboolan wife of Ali Muhammad Meerani had lodged F.I.R. No. 236 of 2009 at Police Station Pinyari on 9-10-2009, stating that he has married with accused Ali Muhammad Meerani, originally resident of Goth Walha Taluka Baqrani District Larkana from whom she has one daughter by name Alman Batool alias Hera aged about 3 years. That in the night at about 1-00 a.m. she along with her daughter Alman Batool went to sleep in the courtyard of the house while her husband was sleeping inside the room of the house. She heard cries of her daughter Alman Batool from inside the room, due to which she was awakened at about 4-00 a.m. and saw that her daughter was not on the cot and was crying inside the room. She went inside the room and found her husband Ali Muhammad without clothes and Shalwar of her daughter was not on and she was raising cries and slight blood oozed out from the private part of her daughter and some white colour thing was also on it. On which, she…

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