Law: Criminal Procedure Code (V of 1898)

Section: 164,497,497(5)

Law: Pakistan Penal Code, 1860

Section: 365B,367A,376

Criminal Procedure Code (V of 1898)--- ----S.497(5)---Penal Code (XLV of 1860), Ss.367-A, 365-B & 376---Kidnapping and rape---Bail, cancellation of---Application for---Respondents/accused were directly charged by the victim in her statement recorded at the first instance by the Police, as well as in her statement under S.164, Cr.P.C. for the commission of the offence---Medical evidence as well as the Forensic Science Laboratory's report had supported her version--Report in such-like cases was made at the cost and risk of family honour and future of the victim---Case of accused persons was one which fell under the barring provisions of S.497, Cr.P.C.---No doubt, normally the bail granted by the court of competent jurisdiction was not interfered with, but if it was found that the same had been granted in violation of the established principles for the grant of bail and the law on the subject, then superior courts would not hesitate to interfere--Bail granted to accused persons, was recalled, in circumstances. 2008 SCMR 1602 rel. THIS JUDGMENT DELIVERED BY: LIAQAT ALI SHAH, J.--- Through this order, I propose to decide B.C.A. No.523 of 2009 and B.C.A. No.953 of 2009 as both arise from F.I.R. No.66, dated 24-2-2009 of Police Station Karak under sections 367-B and 376, P.P.C. 2. Facts relevant for the disposal of these applications are that on 22-2-2009, Haroon-Ur-Rashid son of Noor Alam at 2230 hours reported to the police in Police Station Karak that on 21-2-2009, his sister namely Sajida Azam, student of class 8th did not return home from school after closing hours. They searched for her but could not find her. At the time of making the report, he told the police that he had come to know that Irfan Akbar son of Noor Shahid Khan has forcibly taken away his sister for the marriage. This report was recorded in the Daily Diary, dated 22-2-2009 at serial No.26. 3. On 23-2-2009 Sajida Azam reached the police station along with one Irfan, brother of her friend, and recorded her statement to the effect that on 21-2-2009, after closing hours of the school, she was on the way back to her home when accused Sufian and Ihsanullah present in a motor car, asked her that…

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