Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 365B,375,376

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 365-B, 376 & 375---Kidnapping, abducting or inducing woman to compel for marriage, rape---Bail, refusal of---Principle of consistency---Applicability---Scope---Allegation against accused was that he along with another abducted the daughter of complainant on gun point and both accused persons committed rape with her---Accused was named in the FIR with specific role---Allegation against accused was prima facie supported by the medical evidence, according to which the hymen of the alleged victim was old torn---Medical examination of alleged victim was conducted after 10 days of abduction---Forensic Science Agency had reported that no semen was detected on the swabs taken from the vaginal area of the victim and after going through the said report medical officer had opined that no fresh intercourse was taken place but the alleged victim was abducted on 21-11-2018 and she was released from the custody of the accused on 26-11-2018, whereas her medical examination was conducted on 01-12-2018, therefore, non-presence of semen on the swabs taken from the vagina of alleged victim was quite natural---Penetration was sufficient to constitute the offence of rape---Penetration was established from the medico-legal report of the alleged victim---Accused was found guilty during the course of investigation and accused was unable to establish any mala fide on the part of the prosecution for his false involvement in the case---Co-accused had been granted post arrest bail by High Court but no allegation of rape was levelled against him and as such the case of the accused was distinguishable from the case of the co-accused---Accused, in circumstances, could not claim the relief of bail on the principle of consistency---Petition of accused for grant of bail was dismissed. THIS ORDER PASSED BY: MALIK SHAHZAD AHMAD KHAN, J.--- Through the instant petition, the petitioner Dilawar seeks post arrest bail in case FIR No.893/2018, dated 28.11.2018, offences under sections 365-B/376, P.P.C., registered at police station Factory Area, District Faisalabad. 2. Arguments heard. Record perused. 3. As per brief…

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