Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.376---Rape---Bail, grant of---Further inquiry---According to DNA Analysis Report, accused did not commit rape with the daughter of the complainant---Medico Legal Report, had shown that gang-rape was not committed with the victim girl---If zina was committed, same was with her own free will---Such being a daylight occurrence it was not possible for accused and his co-accused to abduct forcibly daughter of the complainant among so many people working in the fields; and to take her to their dera for commission of gang-rape---No eye-witness of the occurrence of abduction was available on record---Accused had been arrested, but nothing had been recovered from his possession---According to report of Police Inspector, accused had been declared innocent---Case of accused required further inquiry, he was admitted to bail, in circumstances. THIS JUDGMENT DELIVERED BY: ASLAM JAVED MINHAS, JUSTICE:----------- Petitioner Asghar Ali seeks his post arrest bail in a case bearing FIR No.181/2015, dated 01.03.2015, offence under Section 376(ii), P.P.C., registered at Police Station Gaggo, District Vehari. 2. Precisely, the allegation against the petitioner is that the petitioner along with his co-accused forcibly abducted Mst.Nasim, daughter of the complainant and committed gang rape with her due to which she got pregnant. 3. Arguments heard. Record perused. 4. According to the DNA Analysis Report dated 03.08.2015, Imran (co-accused) cannot be excluded as being the biological father of Misbah (minor) because they share alleles at all genetic markers tested. That means petitioner did not commit rape with the daughter of the complainant.…

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