Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Penal Code (XLV of 1860)

Section: 493-A,375

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 493-A, 375---Bail, cancellation of---Cohabitation caused by a man deceitfully inducing a belief of lawful marriage---Rape---Scope---Complainant sought cancellation of bail granted to accused in an FIR wherein it was alleged that she was deceitfully cohabited by the accused by inducing a belief of lawful marriage---Complainant and accused knew each other for many years as choir singers and as members of the Youth Leadership Program in the Church---Complainant had attended and witnessed several marriage ceremonies at the Church, and that’s why she mentioned in her FIR that pastoral prayer and blessing was necessary to solemnize the marriage---By the very contents of the FIR, it appeared, prima facie, that she turned a blind eye to her own knowledge of the pre-requisites of a valid marriage and, therefore, her stance in the FIR that she was deceived on the basis of the Nikahnama alone was open to doubt and entailed further inquiry---Benefit of doubt even at bail stage had to go to the accused---So far as allegation of rape under S. 375(iv), P.P.C. was concerned, the complainant had nowhere alleged that she believed the accused to be another person to whom she believed herself to be married, for that was an essential ingredient of the referred charge---Petition was dismissed, in circumstances. Tariq Bashir and 5 others v. The State PLD 1995 SC 34 ref. (b) Penal Code (XLV of 1860)--- ----S. 493-A---Cohabitation caused by a man deceitfully inducing a belief of lawful marriage---Scope---Offence under S. 493-A, P.P.C. is of deceitfully causing a woman to believe that she was lawfully married to the accused, and for her to cohabit with him in that belief---Mens rea is deceit---Deceit entails dishonest trickery by one to make another believe that something is other than what it actually is---Penal Code made ‘deceit’ the mens rea for the much severer punishment under S. 493-A for a reason---Code did use its ordinary synonyms such as dishonesty---While ‘dishonestly’ and ‘fraudulently’ are defined terms in Chapter II of the P.P.C., did not define ‘deceitfully’---Although the Explanation…

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