Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 376

Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), S. 376---Rape---Bail, grant of---Further inquiry---Accused a doctor forcibly was alleged to have committed rape with the complainant---FIR was lodged with a delay of about ten hours and no plausible explanation was given by complainant for such delay---Medical evidence did not corroborate the ocular testimony---Accused was not found to be the contributor of Male DNA/Sperm fractions identified on clothes of complainant---Investigating Officer had recommended the case "for attempt to commit zina" under S. 511, P.P.C. indicating that no zina was committed with the complainant---Several notices were issued to complainant but she did not appear---Investigating Officer present in court had submitted that complainant had shifted to some unknown place---Case of accused, in circumstances, required further inquiry---Bail was granted accordingly. THIS ORDER PASSED BY: AFTAB AHMED GORAR, JUSTICE:---.--- By this order I intend to dispose of instant Criminal Bail Application filed by the Applicant Doctor Farrokh Sher Khan. The brief facts as narrated in the FIR are that on 25.11.2016 between 11:30 to 12:00 the accused forcibly committed zina with the complainant, hence instant FIR was registered. Learned counsel for the applicant contends that the applicant is innocent and has falsely been implicated in the instant crime by the complainant for ulterior motives. He urged that applicant by profession is a Doctor and was working as OSD, Ministry of Health (Health Department) and is a respectable citizen. Learned counsel further contends that there are many contradictions in the statements of the prosecution witnesses and medical evidence also does not corroborate with testimony of other prosecution witnesses, which creates doubt in the case of the prosecution and it is settled principle of law that benefit of doubt always go in favour of the accused, therefore, he is entitled for grant of bail at this stage. Learned APG opposes the grant of bail to the applicant and submits that the complainant/victim has fully implicated the applicant in the instant crime and sufficient material is available on…

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