Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 376,506

(a) Criminal Procedure Code (V of 1898)--- ----S.498---Penal Code (XLV of 1860), Ss. 376 506---Rape and criminal intimidation---Pre-arrest bail, refusal of---Statement of victim---Scope---Accused was alleged to have raped his neighbour’s daughter aged about 13/14 years and had also threatened to kill her---Accused was specifically nominated in the FIR with specific role of committing zina-bil-jabr---Victim in her statement recorded under S.161, Cr.P.C., had confirmed the contents of the FIR by fully implicating the accused and by specifically alleging that the accused had forcibly committed “ziadti” with her---Reasonable grounds were available on record to believe that the offence alleged in the FIR was committed by the accused, which fell within the prohibitory clause of S.497(1), Cr.P.C.---Interim pre-arrest bail granted to the accused was recalled and he was ordered to be taken in custody---Application for grant of pre-arrest bail was dismissed, in circumstances. Rashad v. The State 2002 SCMR 1329 rel. (b) Penal Code (XLV of 1860)--- ----S.376---Rape---Statement of victim---Scope---Mere statement of victim is sufficient to connect the accused with the commission of offence, if the statement inspires confidence. Mushtaq Ahmed and another v. The State 2007 SCMR 473 rel. (c) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Tentative assessment---Scope---Only tentative assessment can be made and detailed assessment and evaluation of evidence is to be left for the Trial Court. Bashir Ahmed v. The State 2004 SCMR 244 and Akhtar Hussain v. The State 2000 PCr.LJ 315 ref. JUDGMENT NADEEM AKHTAR, JUSTICE:---.--- This Bail Application has been filed by the applicant / accused under Sections 498 and 498-A, Cr.P.C. praying that pre-arrest bail be granted to him pending trial in Crime No.181/2014 registered at Police Station Rizvia Society, Karachi Central, under Sections 376 and 506-B, P.P.C. 2. The relevant facts of the case are that an FIR bearing No.181/2014 was lodged on 03.07.2014 at 1500 hours by one Mst. Nasreen wife of Muhammad Akhter (‘the complainant’) with the Police Station Rizvia Society, Karachi Central, against the applicant / accused. The…

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