Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Pakistan Penal Code, 1860

Section: 376(2),337A(i),337L(2)

Criminal Procedure Code (V of 1898)-----S. 497(5)---Penal Code (XLV of 1860), Ss. 376(2)/337-A(i)/337-L(2)--- Abduction for the purpose of illicit intercourse---Bail, cancellation of---Application for---Trial Court while granting bail, had given much weight to the opinion of the Investigating Officer in granting bail to accused persons; and had completely ignored that alleged abductee had fully supported the prosecution version in tooth and nail---Medical evidence had shown that she had sustained injuries; and marks of violation were also found on her body---Sufficient material was available on record to show that abductee had not been eloped with her will and consent, but she had been subjected to torture as evident from the medical report---When the offence fell within the prohibitory clause of S.497, Cr.P.C. and sentence prescribed was of capital punishment of death, in such like cases, bail could only be granted, if the court would find reasonable grounds for believing that accused had not committed the offence---In the present case, even if the stance of accused persons and the opinion of Investigating Officer was taken into consideration, even then the commission of offence was established---Abductee had not only been tortured and injured, but she had made a statement before the Police that she had been subjected to gang rape by accused persons---Single statement of prosecutix/abductee, was enough for conviction of accused---Orders granting bail were set aside and bail allowed to accused persons, was recalled and cancelled. Khalida Bibi v. Nadeem Baig PLD 2009 SC 440; Mudassar Altaf and another v. The State 2010 SCMR 1861 Muhammad Ahmed (Mahmood Ahmed) and another v. The State 2010 SCMR 660 and Shoukat Ilahi v. Javed Iqbal and others 2010 SCMR 966 ref. ORDER IQBAL HAMEED UR REHMAN, J.---Through this single order I intend to dispose of Criminal Miscellaneous No.7548-CB of 2010 titled "Muhammad Nawaz v. Shaukat Ali and three others" as well as Criminal Miscellaneous No.11383-CB of 2010 titled "Muhammad Nawaz v. Muhammad Haq Nawaz and another". 2. Since both the above captioned Criminal Miscellaneous petitions are outcome of the same F.I.R. No.631 of 2010…

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