Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.496-A & 376/34---Enticing or taking away or detaining with criminal intent a woman, rape, common intention---Contra-dictions in statements of alleged victim---Improbable occurrence---Complainant exonerating the accused---Effect---Accused allegedly kidnapped his daughter-in-law, confined her in a house and committed zina with her---Complainant/husband of alleged victim registered the F.I.R. nine days after getting knowledge of the incident---Such delay in lodging of F.I.R. was astonishing---Accused allegedly kept the alleged victim confined in house, wherein other female and children were also living---Question was as to why alleged victim did not disclose the fact of her abduction to the other people living in the house---Even otherwise it could not be explained as to why accused let the alleged victim walk out of the house, where he allegedly confined her and committed zina with her---Complainant and his mother, who were star witnesses of the case, had exonerated the accused from the commission of the offence and stated that case was managed against accused due to enmity---Contradictions existed in statements of alleged victim under Ss. 161 and 164, Cr.P.C---Case was one of further inquiry---Accused was admitted to bail accordingly. Muhammad Murad v. The State PLD 2012 Sindh 42 and Never Das v. The State 2011 PCr.LJ 1015 rel. ORDER AFTAB AHMED GORAR, J.---F.I.R. No.461 of 2012, under section 496-A/ 376/34, P.P.C., was registered at Police Station Sohrab Goth, stating therein that applicant/accused along with co-accused Nazeer alias Neeli, Mustafa and Ishaque took away his wife Nazeeran with intention to commit zina with her. Learned counsel for applicant/ accused submits that applicant/accused has falsely been implicated in this case due to enmity over property. He submits that applicant/accused is 52 years old and the alleged victim is his daughter-in-law and how a father can kidnap his daughter with intention to commit zina. He submits that there is unexplained delay of about 9 days in lodging the F.I.R, which makes whole the case doubtful and it is well settled law that…

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