| Citation(s) |
|---|
| 2018 SLG 597 2018 SLD 597 2018 MLD 378 |
Cr. Misc. 121 of 2016, decision & hearing Date : 26-09-2016
MALIK HAQ NAWAZ, JUSTICE
Raja Shakeel Ahmad for Petitioner. Malik Sherbaz, Dy. A.G. for the State.
NIAT BAIG
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.376, 457 & 202---Rape, lurking house-trespass or house breaking by night in order to commit offence punishable with imprisonment, intentional omission to give information of offence by person bound to inform---Bail, grant of---Further inquiry---Victim lady raised her finger against many persons of the village, who were arrested but later on were released by the local Police---One other person was also arrested in the case, but Police file was silent as to what happened with the said person later on---When doubt would lurk in the mind of the court regarding complicity/ involvement of an accused, the hands of the court, could not be tied up to refrain from perusing the record, if dictates of justice so demanded---Counsel for accused repeatedly requested that DNA test was the sole test to determine the involvement of accused, which Police had not bothered to get done without any reason---Inordinate delay in lodging FIR and arrest of that said other person in the case and his mysterious release, without assigning any reason had made the case as one of further inquiry---Accused was admitted to bail, in circumstances. 2006 YLR 730; 2014 PCr.LJ 456 and 2011 PCr.LJ 1619 rel. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, JUSTICE:---.--- The petitioner was booked for the above offences Vide FIR No. 3/16 under sections 376/457/202, P.P.C. registered at Women Police Station, Ghizer. 2. The brief facts of the case are that on 07-06-2016 at 12:00 hours a report was submitted by S.H.O. Chatorkhand that on 04-06-2016 one Mst. Mehar Nigar was brought in Heath Center Chatorkhand and on medical examination by the Doctors, she was found pregnant. Since the lady was a widower, therefore Police Started proceedings under section 157, Cr.P.C. and the lady was produced before lady medical officer, who referred her to D.H.Q Hospital Gilgit. On further examination by Dr. Shahab-ud-Din Radiologist of D.H.Q Hospital Gilgit, it transpired that she was carrying pregnancy of over 07 months in her womb. During investigation, the lady disclosed that the present petitioner forcefully raped her in the house of her…
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