Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 376

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), S. 376--Bail before arrest, confirmed--Rape--Delay of one month and ten days--Rape was committed on same day at two different placed--Distance was more than 200 km--Mala fideand ulterior motive--It is very difficult for Court that which version of complainant be accepted as her true version--Even otherwise, while adjudicating upon pre-arrest bail, Court has to see evidence tentatively and deeper appreciation is not permissible--So, prima facie involvement of present petitioner on basis of mala fide and ulterior motive cannot be ruled out and guilt of petitioner would be determined by trial Court after recording prosecution evidence adduced before it during trial. THIS ORDER PASSED BY: MUHAMMAD WAHEED KHAN, JUSTICE---.--- Apprehending arrest at the hands of local police, petitioner seeks pre-arrest bail in case FIR No. 1174 of 2018 dated 17.09.2018 registered u/S. 376, PPC at Police Station Iqbal Town, Lahore. 2. Allegation against the petitioner according to the contents of FIR is that on 07.08.2018, the complainant was telephonically called by the petitioner near Technical Education Board, Iqbal Town, Lahore, from where he took her in his house and committed rape. 3. Arguments heard. Record perused. 4. Record transpires that initially on the application of the complainant FIR No. 318/18 dated 10.08.2018 was registered u/S. 376, PPC at Police Station City Jouharabad, District Khushab in which place of occurrence was mentioned as house of present petitioner situated at Jouharabad and the occurrence was statedly happened on 07.08.2018. It is very surprising to observe that the complainant leveled allegation of committing rape against the petitioner on the same day i.e. 07.08.2018 at two different places, firstly at Lahore and secondly, at Jouharabad District Khushab. This aspect of the case creates a serious doubt regarding veracity of the allegation leveled by the complainant against the petitioner. Learned counsel for the complainant though vigorously argued that the first FIR No. 318/2018 lodged on 10.08.2018 at Police Station City Jouharabad was later on cancelled by…

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