| Citation(s) |
|---|
| 2016 SLG 1646 2016 SLD 1646 2016 PLJ 687 |
Crl. Misc. No. 1322-B of 2016, decided on 13.4.2016. Date of hearing: 13.4.2016.
SHEHRAM SARWAR CH., J.
Ch. Saghir Ahmad, Advocate for Petitioners. Mr. Sarfraz Ahmad Khan Khichi, DDPP for State. Khawaja Qaiser Butt, Advocate for Complainant.
MUHAMMAD UMER and anothers
VS
STATE and another--Respondents
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 376--Bail, dismissal of--Committed rape and took nude photographs--Nominated in FIR with specific role committing rape with victim --Accused also took nude photographs of victim and blackmailing her--Victim also got recorded her statement under Section 161, Cr.P.C. wherein victim fully implicated accused with commission of crime--During course of investigation, accused had been found fully involved as they saved video in their mobile phones and also transferred to other people--Sufficient incriminating material was available on record to connect accused with commission of alleged crime, punishment whereof does fall within prohibitory clause of Section 497, Cr.P.C.--Offence committed by accused was a sensational, brutal and heinous in nature, which had to be deprecated and dealt with iron hands--Such offences were not only committed against individual rather were also considered offences against society and State--Only tentative assessment was required at such stage and deeper appreciation of evidence was not permissible--Bail was dismissed. ORDER Muhammad Umer and Qamar Abbas, petitioners seek post arrest bail in case FIR No. 220 dated 22.06.2015 offence under Section 376, PPC registered at Police Station Karor District Layyah. 2. Precisely the prosecution story as set out in the FIR is that on 16.06.2015, Qamar Abbas petitioner committed rape with Mst. Sakinamaternal niece of the complainant, who told that both the petitioners have been committing rape with her for the last about 6/7 months and also took her nude photographs. 3. After hearing the learned counsel for the parties and going through the record, it has been observed as follows:-- a) The petitioners are nominated in the FIR with specific role that they have been committing rape with the victim for the last about 6/7 months. They also took nude…
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