| Citation(s) |
|---|
| 2020 SLG 1129 2020 SLD 1129 2020 PCRLJ 914 |
Lahore High Court
Cr. Misc. No. 5716-B of 2020, decided on 11th March, 2020.
TARIQ SALEEM SHEIKH, JUSTICE
Ch. Sameed Ahmad Wains for Petitioner. Sh. Muhammad Nauman Siddique, Deputy Prosecutor General with Muhammad Hanif/ASI with record for the State. Zulfiqar Ali Dhudhi for the Complainant. Rana Muhammad Shafique, Legal Advisor for Punjab Forensic Science
Cr. Misc. No. 5716-B of 2020, decided on 11th March, 2020.
TARIQ SALEEM SHEIKH, JUSTICE
Ch. Sameed Ahmad Wains for Petitioner. Sh. Muhammad Nauman Siddique, Deputy Prosecutor General with Muhammad Hanif/ASI with record for the State. Zulfiqar Ali Dhudhi for the Complainant. Rana Muhammad Shafique, Legal Advisor for Punjab Forensic Science
MUHAMMAD AYAZ SHAMAS
VS
THE STATE AND ANOTHER
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 377---Post-arrest bail, grant of---Delay in registration of FIR---Unnatural offence---Accused, charged with commission of unnatural offence against a minor, sought post-arrest bail, inter alia, on ground of unexplained delay of three days in registration of FIR---Validity---Prosecution story could not be doubted on ground of delay in registration of FIR alone, due to the fact that society is generally hesitant in reporting such incidents (unnatural offence) to police---Bail was denied, in circumstances. Ghulam Husain Soomro v. The State PLD 2007 SC 71; Muhammad Imran v. The State and others 2014 PCr.LJ 456 and Ihsanullah alias Sanu v. The State through Additional Advocate General and another 2015 YLR 2592 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 375, 376 & 377---Criminal Procedure Code (V of 1898), S. 164-B---Sexual offences, rape and unnatural offence(s)---Collection of vital evidence---DNA testing---Use of Sexual Assault Evidence Collection Kits (SAECKs)---Obligation of Provincial Government to ensure provision of SEACKs and prompt and effective testing of victims of sexual offences, explained. Lee, Henry C. and Carll Ladd. "Preservation and Collection of Biological Evidence", Croatian Medical Journal 42, No. 3 (2001): 225-228; Salman Akram Raja and another v. Government of Punjab through Chief Secretary and others 2013 SCMR 203 and Scientific Working Group on DNA Analysis Methods (SWGDAM). Recommen-dations for the Efficient DNA Processing of Sexual Assault Evidence Kits. Available at http://www.evidencemagazine.com/index.php rel. THIS ORDER PASSED BY: TARIQ SALEEM SHEIKH, JUSTICE:---.---Through this application under section 497, Cr.P.C. the Petitioner seeks post-arrest bail in case FIR No.615/2019 dated 2.8.2019 registered at Police Station Dijkot, District Faisalabad, for an offence under section 377, P.P.C. Briefly, the allegation against the Petitioner is that on 29.7.2019 he committed unnatural offence with Complainant's 10-year-old son Sajjad Ali. 2. The learned counsel for the Petitioner contended that the Petitioner was innocent and the Complainant had…
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