Law:

Section:

Criminal Procedure Code (V of 1898)- ------Ss. 497 & 498-Bail-[Abduction and rape]-Contention that girl was neither under age nor abducted but married to accused and gave statementâ-ž to Magistrate of having gone away with accused of her own accord -in order to avoid her forceful marriage with an old man-Girl medically got examined by accused and medical officer reporting her to be 17 or 18 years of age-Girl also medically examined during investigation and her age stated to be under 16 years but with rider of being used to sexual intercourse-Girl during investigation giving statement in favour of prosecution-field Grant of bail, In view of doctor's opinion as to age of abductee and her own statement of having left house of her own accord, prima facie justified Abductee though giving another statement in support of prosecution yet question whether in context of her earlier statement she was or was not abducted yet to be determined by trial Court-Commission of rape also dependent upon outcome of determination,, of question of abduction-Basing conclusion solely on allegations in F. I. R:-Not a correct approach to problem Bail allowed--Penal Code (XLV of 1860), Ss. 363 & 376.­[Bail]. ORDER MUHAMMAD HALEEM, J.-This petition for special leave to appeal is from the order of the learned Single Judge of the Lahore High Court, dated the 10th October. 1975, by which he declined to grant bail to the petitioner who was accused of having abducted Mst. Shamshad and of committing rape on her, in regard to which an F. I. R. was lodged by her brother. Liaqat Ali on 12th June, 1975 at police station Mamoon Kanjan. Mst. Shamshad was alleged to have been taken out of the house on the pretext of urinating by two ladies namely, Rashida and Surayya on the night intervening 8th and 9th June, 1975 but she did not return during the night whereupon Liaqat Ali and her uncle Rahmat Ali went to inquire from them, who showed ignorance of her whereabouts and as they were busy in trying to locate her, they met Muhammad Younis and Barkat Ali, who informed them that as they were coming down from a bus at bus stop Chak No. 202, they saw the abductee alongwith Abbas, Mahmood and another…

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