Law: Criminal Procedure Code (V of 1898)

Section: 497(2),161,164

Law: Pakistan Penal Code, 1860

Section: 365-B,376

Criminal Procedure Code, 1898 (XLV of 1898)-- ----Ss. 497(2), 161 164--Pakistan Penal Code, (XLV of 1860), Ss. 365-B 376--Bail, allowed--Unexplained delay of ten hours--Statement of victim u/S. 161, Cr.P.C. was silent regarding abduction--Victim attributed forcible rape to petitioner but said allegation is neither corroborated by medico legal report of victim nor by report of Forensic Expert--Even her hymen is shown as intact in her medical report--No recovery was effected from petitioner--Even during investigation, victim has not shown place where she was subjected to forcible rape is in jail since arrest and his continuous detention for indefinite period would be unfair, in particular, when commencement/conclusion of trial in near future is not insight--All these considerations rendered case against petitioner one of thorough probe within meaning of Section 497(2), Cr.P.C.[P. 594] A ORDER Luqman, petitioner seeks post arrest bail in case registered vide F.I.R No. 341 dated 25.7.2021 under Sections 365-B, 376, PPC at Police Station Tarkhani, Faisalabad. 2. Allegedly, petitioner raped upon Saira Parveen, the victim. 3. After hearing the learned counsel for the parties and perusing the record, it was noticed that the incident was reported with unexplained delay of about ten hours. No plausible explanation was forthcoming on record for the said delay. The crime report suggests that the episode was enacted by three persons but during the investigation, the victim was examined under Section 161, Cr.P.C. wherein no other co-accused is nominated…

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