| Citation(s) |
|---|
| 2022 SLG 1934 2022 SLD 1934 2022 PLJ 491 |
Lahore High Court, Multan Bench, Multan
Crl. Misc. No. 7807-B of 2021, decision dated: 8.12.2021. hearing date: 8.12.2021.
ALI ZIA BAJWA, J.
Sardar Khurram Latif Khan Khosa, Advocate for Petitioner. Mr. Ansar Yasin, Deputy Prosecutor General for State. Peer Syed Muhammad Najmul Husnain, Advocate for the Complainant.
Crl. Misc. No. 7807-B of 2021, decision dated: 8.12.2021. hearing date: 8.12.2021.
ALI ZIA BAJWA, J.
Sardar Khurram Latif Khan Khosa, Advocate for Petitioner. Mr. Ansar Yasin, Deputy Prosecutor General for State. Peer Syed Muhammad Najmul Husnain, Advocate for the Complainant.
MUHAMMAD ASIF
VS
STATE
Law: Pakistan Penal Code, 1860
Section: 376(i)
----S. 497--Pakistan Penal Code, (XLV of 1860), S. 376(i)--Post-arrest bail--Crime report was lodged With delay of one day--Allegation as leveled in crime report does not get support from report of Punjab Forensic Science Agency regarding DNA and serology analysis--DNA report qua present petitioner is negative as no seminal material was found is behind bars since his arrest and not required. [Pp. 491 492] A, B C ORDER Through this petition filed under Section 497, Cr.P.C., petitioner Muhammad Asif seeks his post-arrest bail in case FIR No. 446/2021, dated 19.07.2021, registered under Sections 376(i), PPC with Police Station City Kehror Pacca, District Lodhran. 2. The brief facts as narrated in the crime report are that on 18.07.2021, at about ‘Isha-waila’ the petitioner on the strength of pistol raped the daughter of complainant namely Mst. Razia Bibi. 3. Arguments heard and record perused. 4. Perusal of the record reveals that the crime report was lodged With the delay of one day for which no explanation has been rendered by the complainant. As per contents of the crime report, though there is specific allegation against the petitioner that he committed rape with Mst. Razia Bibi, daughter of the complainant, but such allegation is not supported by the medical evidence as the doctor who medically examined the victim gave the final opinion as under: ‘I have received PFSA report PFSA2021-427460-DNA-062807, on date 09/10.2021. According to PFSA report PFSA2021- 427460-DNA-062807, No seminal material was found on item#l,2,3 and 4.1-4.4. Victim is a divorced lady married in 2013 and got divorced in 2018. On examination of private parts, no swelling, abrasion, bruise or any sign of violence was found. On P/V old ruptured healed Hymen 2 finger loose. Also victim gave history of being injured during rape. But no injury correlating her history was found on any parts of body.…
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