| Citation(s) |
|---|
| 2021 SLG 1867 2021 SLD 1867 2021 PLJ 723 |
Lahore High Court
Crl. Misc. No. 8424 of 2021, decided on 4.3.2021, Date of hearing: 4.3.2021.
ALI BAQAR NAJAFI, JUSTICE.
Mian Arshad Ali Mahar, Advocate for Petitioner. Miss Umm-ul-Baneen, DDPP for State. Malik Tariq Yaseen Nonari, Advocate for Complainant/
Respondent No. 2.
Crl. Misc. No. 8424 of 2021, decided on 4.3.2021, Date of hearing: 4.3.2021.
ALI BAQAR NAJAFI, JUSTICE.
Mian Arshad Ali Mahar, Advocate for Petitioner. Miss Umm-ul-Baneen, DDPP for State. Malik Tariq Yaseen Nonari, Advocate for Complainant/
Respondent No. 2.
MUHAMMAD AYOUB
VS
STATE ETC.
Law: Pakistan Penal Code, 1860
Section: 497,376,511
Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 376 511--Bail grant of--Allegation of attempt to commit zina--FIR delayed--Victim is minor girl aged 8 years--Improvements in statement u/S. 164, Cr.P.C. to the extent of Rs. 50/- by the petitioner and then coming of the both parents at home and only taking off the clothes are improvements which are significant even at bail state--Undoubtedly, no second investigation was ordered therefore, it is final opinion of police--Where investigation officer investigated matter at length and found the accused innocent, bail was granted has spent sufficient time behind bars--Post arrest bail was allowed. JUDGMENT The petitioner seeks post arrest bail in case FIR No. 920/2020 dated 18.10.2020 under Sections 376, 511, PPC registered at Police Station Haveli Lakha, Tehsil Depalpur, District Okara on the allegation that on 09.10.2020 at 4/5:00 p.m. the complainant along with his wife had gone in the Haveli Bazar for shopping whereas his daughter, namely, Mst. Umm-e-Aymon aged 8 years was at home; when the complainant came back the door was closed and when he knocked at the door he heard the hue and cry of his daughter upon which Zafar and Bashir Ahmad came on the spot. They went inside the house by scaling over the wall and saw that the petitioner was trying to commit zina with his daughter who was (sic) naked. Upon seeing the complainant and the witnesses, the petitioner picked up his dress and managed to escape, hence this FIR. 2. After hearing the learned counsel for the petitioner learned Deputy District Public Prosecutor assisted by the learned counsel for the complainant and perusing the record, it is straightaway observed that the occurrence dated 9.10.2020 was reported to the police on 18.10.2020 on the pretext that the petitioner has been requesting the complainant not to lodge the criminal case but the latter did not agree and lodge the FIR though late in time. As per the statement of victim Mst. Umm-e-Aymon recorded on 18.10.2020 when her parents had gone to Bazar she was alone at her home and when her father came back to home the door was locked from inside and when he…
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