Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 376 & 511--Bail before arrest, confirmed--Criminally trespassed into house and tried to commit zina bil jabr--Unkown culprit caused injuries on complaint and turn her clothes--Delay of extra ordinary of about 45 days--Torn clothes were not provided during investigation--Validity--Neither there was allegation against accused that he removedshalwar of victim nor allegedly he removed his own shalwar--Petitioner mounted on her, therefore, application of offences under Sections 376/511, PPC against accused requires further inquiry--During investigation, prosecution witness submitted an affidavit before police that no such occurrence took place and that FIR had been lodged by complainant on basis of malafides--False involvement of the petitioner in instant case on basis of malafides cannot be ruled out--Bail was confirmed. ORDER Amjad Shaheen petitioner seeks pre-arrest bail in a case registered against him vide FIR No. 11/2012 dated 10.01.2012 offences under Sections 376/511, PPC at Police Station Saddar Mian Channu District Khanewal. 2. According to the FIR, on the night falling between 24/25.11.2011 Amjad Shaheen petitioner who was allegedly armed with pistol alongwith one unknown culprit criminally tress passed into the house of the complainant and tried to commit zina bil jabrwith Mst. Nasreen Bibi complainant. It has further been alleged in the FIR that petitioner and one unknown culprit caused injuries on her (complainant) person and torn her clothes. Hence, instant FIR was registered. 3. After hearing the arguments of learned counsel for the parties and learned DPG, it has been noticed that instant occurrence took place on the night falling between 24/25.11.2011 whereas the matter was reported to the police on 10.01.2012 with an extra…

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