Case Details

Citation(s)
2021 SLG 796 2021 SLD 796 2021 YLR 402
Sindh High Court
Criminal Bail Application No. 524 of 2020, decision Dated: 19th May, 2020, Date of hearing : 19th May, 2020.
AGHA FAISAL, JUSTICE
M. Shafiq A. Khosa for Applicant/ Accused. Syed Meeral Shah Bukhari Additional Prosecutor General for the State.

MUHAMMAD SAJID HUSSAIN

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 376,511

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 376 511---Rape, attempt to commit offence punishable with imprisonment for life or a shorter term---Bail, refusal of---Accused allegedly attempted to rape a four year old girl---Statement of the victim denoted that the accused exposed his genitalia, denuded her, subjected her to sexual assault and then attempted to rape her---Initial medical examination, conducted on the same day revealed redness of the genitals (labia majora and labia minora) of the victim---Statement of a witness stipulated that he had seen the victim bawling while running away from the accused house---Statements of the mother of the victim, independent witnesses and Police personnel, available on file, corroborated the assertion of the offence against the accused---No apparent reason to give weightage to the accused averment that the allegation against him was actuated by the intent of the victims parents to blackmail him---Accused remained unable to place any cogent reasoning as to why the parents of a four year old girl would bring ignominy to their child---Accused had been unable to set forth a fit case for grant of post-arrest bail, hence, the same was dismissed. Abdul Razzaq v. The State 1990 MLD 184 and Maqbool Hussain v. The State 1973 SCMR 488 rel. ORDER AGHA FAISAL, JUSTICE:---.--- The applicant is alleged to have lured a four year old girl, on the pretext of buying her sweets, and attempted to rape her. The applicant was arrested virtually on the spot and specifically named in the FIR, being FIR 60 of 2020 registered on 09.02.2020 before Police Station Hyderi, Karachi, Central, citing offence/s under Section/s 376 read with 511, P.P.C., registered within half an hour of the commission of the alleged offence. 2. Learned counsel submits that the earlier plea for bail by the applicant was rejected by the Court of the learned IInd Additional Sessions Judge, Karachi, Central, in Bail Application 474 of 2020, hence, the present proceedings. 3. After considering the submissions of the learned counsel and sifting through the material placed before the court, for and against the applicant, reproduction whereof…
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