Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 376 & 506---Rape, criminal intimidation---Bail, refusal of---Complainant's version was supported by medical report---Delay in such cases did not dent prosecution story where sufficient material, prima facie, connected the accused with commission of alleged offence---Victim being a sixteen years old girl, could not be expected to risk her career and family honour by levelling allegations of such nature against accused, especially without any motive---Sufficient material was available on record to connect the accused with offence falling within prohibitory clause of S.497, Cr.P.C.---Bail application was dismissed. (b) Penal Code (XLV of 1860)--- ----S. 375---Rape---Ingredients---Man was said to have committed rape who had sexual intercourse with a woman under circumstances; (i) against her will; (ii) without her consent; (iii) with her consent, when the consent had been obtained by putting her in fear of death or of hurt; (iv) with her consent, when the man knew that he was not married to her and that the consent was given because she believed that the man was another person to whom she was or believed herself to have been married; or (v) with or without her consent when she was under sixteen years of age. THIS JUDGMENT DELIVERED BY: ABDUL LATIF KHAN, JUSTICE:---.--- Having failed to secure relief of bail from the Courts below, the accused-petitioner, namely, Ihsan Ullah alias Sanu, involved in case FIR No. 126 dated 29-3-2014, registered under sections 376/506 ,P.P.C. at Police Station, Alloch, District Shangla, has approached this Court for the said concession. 2. The allegations against the petitioner are that he on 27-7-2014 at isha vella committed rape upon complainant. Mst. Fozia Bibi, without her consent. 3. Arguments heard and record perused. 5(sic) Perusal of record reveals that petitioner has been charged by the complainant herself directly for committing rape upon her without her consent and her version is also supported by the medical report. No doubt, there is delay in lodging of the report but delay per se in such like offences is no ground for creating any…

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