Law:

Section:

Criminal Procedure Code (V of 1898)--- ---S. 497(2)---Penal Code (XLV of 1860), Ss. 376/380/506/34---Rape, theft in dwelling house, etc., criminal intimidation, common intention---Bail, grant of---Further inquiry---Allegation against accused persons (sons-in-law) was that at the instance of their mother-in-law, they committed zina with the victim, who was also their sister-in-law---Contention of accused persons was that they had been falsely implicated in the case due to enmity between the parties as their brother-in-law had divorced the alleged victim , and that offence alleged in the F.I.R. did not sound logical as accused being sons-in-law would not commit zina in presence of their mother-in-law--- Validity--- F.I.R. was lodged after a delay of four months---No material was available with the prosecution which could support the presence of the accused persons at the scene on the date of occurrence, except for the statement of the victim's father in the F.I.R.---Both the parties had strained relations as brother-in-law of the accused persons had divorced the alleged victim---False implication of accused persons, in circumstances, could not be ruled out---Statement of victim was recorded after six (6) months of the alleged incident---Alleged crime had been committed with the victim at a time when her marriage was subsisting but she did not disclose the alleged offence either to her husband or any member of the family---Case required further inquiry in terms of S. 497(2), Cr.P.C---Bail applica-tion of accused persons was allowed and they were admitted to bail. ORDER MUHAMMAD TASNIM, J.---Applicants Muhammad Zahid and Muhammad Nazeer are booked in Crime No.65 of 2011 under sections 376/380/ 506/34, P.P.C. Police Station Balouch Colony. 2. In the first place applicant applied for bail before 1st Addl. Sessions Judge. Karachi South who vide his order dated 31-5-2011 dismissed the bail application and against the aforesaid order present bail application has been filed. 3. The case of the prosecution as set out in the F.I.R. is that complainant Safdar Hussain who is resident of House No.735, Sector B. Manzoor Colony, Karachi got her daughter Mst.Sobia Nasim married…

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