Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 376,34

Law: Khyber Pakhtunkhwa Child Protection and Welfare Ordinance, (II of 2010)

Section: 53

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 376 34---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), S. 53---Rape, sexual abuse and common intention---Bail, refusal of---Delayed FIR---Compromise with co-accused---Effect---Accused along with his co-accused was alleged to have committed zina-bil-jabr with the complainant---Accused was directly charged for commission of the offence---Delay in reporting the matter was not beneficial for the accused as delay in such like matters was nothing but natural---Hymen of the victim was found ruptured during medical examination---Co-accused was admitted to bail by Trial Court on the basis of compromise but the accused did not deserve alike treatment for the reason that no compromise was effected with the accused---Accused was prima facie connected with the commission of offence and had failed to make out a case for grant of bail---Bail petition was dismissed. Aamir Bashir and another v. The State and another 2017 SCMR 2060 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Deeper appreciation of evidence---Scope---Deeper appreciation of evidence is not warranted at bail stage as it may prejudice the case of either side, rather the Court should adhere to tentative assessment of the material brought before it. JUDGMENT SAHIBZADA ASADULLAH, JUSTICE:---.--- Being booked in case FIR No.98 dated 06.5.2019, registered under sections 376/34, P.P.C. read with section 53 of Child Protection Act at Police Station Paroa, District D.I. Khan, accused/petitioner Muhammad Irfan son of Allah Ditta has approached this Court for his release on bail. Earlier, he was declined bail by the Court of learned Additional Sessions Judge-VI, D.I. Khan, vide order dated 30.9.2019. 2. Brief account of the prosecution story, as disclosed in the FIR, is that on 06.5.2019 at 1730 hours, Asma Bibi complainant, in the company of her father Karim Bakhsh, made report in the Police Station Paroa, to the effect that on the eventful day at about 10:00 a.m., she was going from her home to the house of her paternal aunt and when reached near the house of accused/petitioner in the…

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