Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 34,364-A,377

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 364-A, 377 & 34---Kidnapping or abducting a person under the age of ten, sodomy, common intention---Interim pre-arrest bail, confirmation of---Name of accused transpired in the FIR, with specific allegation that he with one more culprit took/kidnapped the victim under the pretext that; he was called by his father, then kept him confined illegally and subjected him to un-natural offence and then let him go; in such situation, it would be pre-mature to say that accused being innocent had been involved in the case falsely---Though no mark of violence was found on the person of the victim, but on medical examination the victim had been found to have been subjected to sodomy---None could involve an innocent person at the cost and honour of an innocent boy---Delay of one day in lodging of the FIR being natural, could not be resolved in favour of accused at such stage---Accused, was not able to explain his absconsion plausibly---No mala fide was apparent on the record which could indicate that accused had been involved in the case falsely, either by the Police or by the complainant party---Accused slipped away, while his bail application was being decided before the Trial Court---Bail application having no merit, was dismissed and interim order passed earlier, was recalled, in circumstances. THIS ORDER PASSED BY: ABDUL MAALIK GADDI, JUSTICE:---.--- Applicant/accused is on interim pre-arrest bail granted to him by this Court vide order dated 10.7.2017. Today this bail application is fixed for confirmation or otherwise. 2. It is alleged that present applicant/accused with one more culprit kidnapped Veeromal, a boy aged about 10 years, kept him in wrongful confinement and then subjected him to un-natural lust and then let him go to his house, for that; the present case was registered. 3. It is contended by the learned counsel for the applicant/accused that there is delay of one day in lodging of the FIR; the present applicant/accused being resident of different place has been involved in this case falsely and malafidely by the complainant party; no mark of violence was found on the…

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