| Citation(s) |
|---|
| 2018 SLG 201 2018 SLD 201 2018 MLD 176 |
Islamabad High Court
Crl. Misc. No. 403-B of 2017, decision Date : 31-08-2017
SHAUKAT AZIZ SIDDIQUI, JUSTICE
Qaisar Mehmood Awan for Petitioner. M. Akram Gondal, State Counsel along with Azhar Hussain Shah, DSP(Legal) and Bashir Inspector/I.O. for the State. Mian Ahmed Khan for the Complainant.
Crl. Misc. No. 403-B of 2017, decision Date : 31-08-2017
SHAUKAT AZIZ SIDDIQUI, JUSTICE
Qaisar Mehmood Awan for Petitioner. M. Akram Gondal, State Counsel along with Azhar Hussain Shah, DSP(Legal) and Bashir Inspector/I.O. for the State. Mian Ahmed Khan for the Complainant.
YASIR KHAN AND OTHErs
VS
THE STATE AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Code (XLV of 1860)
Section: 376(2),377,394,411
(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 376(2), 377, 394 & 411---Rape committed by two or more persons, unnatural offence, voluntarily causing hurt in committing robbery, dishonestly receiving stolen property---Bail, refusal of---Prosecution case was that three unknown armed persons, entered in the house of complainant, made his family members hostage and tied them with ropes, took cash of more than rupees five lac, four mobiles, registration book of motorcycle with them---Accused persons committed zina-bil-jabr and unnatural offence with all the three ladies present at home---Accused persons were not specifically nominated in the FIR---Accused persons had been identified by the victim ladies at the time of identification parade with a specific role of committing zina-bil-jabr, unnatural offence and preparation of movies of the act committed upon the said ladies---Parties were not previously known to each other, thus no question of either enmity or any kind of malice or mala fide of false implication of accused existed---Delay in lodging the FIR was well explained by the complainant---Offences, except under S. 411, P.P.C. fell within the prohibitory clause of S. 497, Cr.P.C.---Circumstances established that victim ladies had fully implicated the accused persons in commission of offence which was duly supported by the medical evidence and recoveries already effected---Bail was refused in circumstances. Nasir Hussain v. The State and another PLJ 2015 Cr.C. Lah. 343; Muhammad Imran v. The Sate and others 2014 PCr.LJ 456; Nazar Hussain v. The State and others 2014 PCr.LJ 435; Waqar Shah v. The State 2012 PCr.LJ (Lahore) 866; Muhammad Afzal alias Abdullah and others v. The State and others 2009 SCMR 436; Muhammad Yameen alias Raja v. The State and others 2009 SCMR 84; Muhammad Suleman alias Dagai v. The State and another 2017 PCr.LJ Note 27; Waseem Bashir v. The State and others 2016 PCr.LJ 454; Salman v. The State 2014 PCr.LJ 641; Rasheed Ahmed v. The State 2010 PCr.LJ 398; Arif Ali Ansar and another v. The State 2010 YLR 2019; Zahir Muhammad v. The State and another 2008 YLR 837; Sarfraz alias Sarwar v. The State…
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