Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 376,376(ii)

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.376---Rape---Bail, refusal of---Accused was nominated in the F.I.R. and specific allegation was levelled against him that he and co-accused committed zina-bil-jabr with the complainant---Such allegation was prima facie supported by Medico-legal Report of the complainant, which had shown that two marks of violence were present on the body of the complainant---Delay of 7/8 days in lodging of F.I.R., was no ground to enlarge accused on bail, as bail application could be decided only on the basis of tentative assessment of evidence of the prosecution---Perusal of the judicial record, revealed that charge against accused was framed by the Trial Court, but trial was being delayed on account of the act of accused as witnesses were not being cross-examined by his counsel---Offence against accused was heinous which fell within the purview of prohibitory clause of S.497, Cr.P.C.---Counsel for accused, had not pointed out any reason for false involvement of accused in the case---Bail was declined. THIS ORDER PASSED BY: SARDAR MUHAMMAD SHAMIM KHAN, J.--- Muhammad Ramzan, the petitioner seeks post arrest bail in case F.I.R. No. 44 of 2009 dated 16-3-2009 offence under section 376(ii) of P.P.C., Police Station Chap Kalan, District Khanewal. 2. The allegation against the petitioner is that on 7-3-2009 at about 4-00 p.m., he along with his co-accused Azeem committed Zina-bil-Jabar with Mst. Fareeda Begum complainant, turn by turn. 3. Learned counsel for the petitioner submits that the alleged occurrence took place on 7-3-2009 whereas report of the occurrence was lodged before the police on 15-3-2009 and there is no explanation for such delay; that there are no marks of violence on the person of the victim and that the swabs which were sent to Chemical Examiner were found not stained with semen so the allegation ofcommission of rape requires further inquiry. Lastly, learned counsel for thepetitioner submits that the petitioner was arrested on 20-5-2009 and he is behind the bars for last about 11-months without trial. 4. Learned DDPP assisted by learned counsel for the complainant vehemently opposed…

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