Case Details

Citation(s)
2021 SLG 374 2021 SLD 374 2021 PCRLJ 115
Peshawar High Court
Criminal Miscellaneous (B.A.) No. 245-A of 2020, decided on 1-04-2020, Date of hearing: 1-04-2020.
SHAKEEL AHMAD, JUSTICE
Maqbool Hussain for the Petitioner. Raja Muhammad Zubair, AAG for the State. Khurshid Azhar for the Complainant.

AON ALI

VS

THE STATE AND ANOTHER

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 377,511,34

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 377, 511 34---Unnatural offences, attempt to commit offence and common intention---Bail, refusal of---Scope---Prosecution case against accused was that he took the complainant to his house and facilitated co-accused to commit sodomy upon him---Accused was not charged for committing sodomy upon the minor victim but it could not be said that he neither aided or facilitated co-accused in committing an unnatural offence---Accused was alleged to have taken away the victim in his house in a pre-planned manner on the pretext of imparting knowledge of computer---Accused was also alleged to have put Rs. 50 in the pocket of complainant, asked him to leave the premises and not to disclose the crime to anyone else---Accused appeared to have shared common intention with his co-accused and could be saddled with constructive or vicarious liability as provided in S. 34, P.P.C.---Petition for grant of bail was dismissed, in circumstances. Muhammad Riaz v. Federal Government PLD 1980 FSC 1 and Mulo Ahmed v. The State 2011 MLD 1171 rel. Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 377, 511 34---Unnatural offences, attempt to commit offence and common intention---Bail, refusal of---Scope---Prosecution case against accused was that he took the complainant to his house and facilitated co-accused to commit sodomy upon him---Accused was not charged for committing sodomy upon the minor victim but it could not be said that he neither aided or facilitated co-accused in committing an unnatural offence---Accused was alleged to have taken away the victim in his house in a pre-planned manner on the pretext of imparting knowledge of computer---Accused was also alleged to have put Rs. 50 in the pocket of complainant, asked him to leave the premises and not to disclose the crime to anyone else---Accused appeared to have shared common intention with his co-accused and could be saddled with constructive or vicarious liability as provided in S. 34, P.P.C.---Petition for grant of bail was dismissed, in circumstances. Muhammad Riaz v. Federal Government PLD 1980 FSC 1 and Mulo Ahmed…
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