Law:

Section:

Criminal Procedure Code (V of 1898)--- ---Ss. 498 & 497(2)---Penal Code (XLV of 1860), S. 376---Rape---Ad interim pre-arrest bail, confirmation of---Further inquiry---Allegation against accused and co-accused was that they trespassed onto the house of the complainant, where after the accused committed zina-bil-jabr with the alleged victim (complainant's daughter)---Contentions of the accused were that he and his co-accused had been found innocent by different investigating officers and their names were placed in column No.2 of the challan; that medical evidence was inconsistent with the ocular account; that both the prosecution witnesses had stated that they had not witnessed the occurrence, and that implication of the accused and his co-accused was based on mala fide and ulterior motives of the complainant---Validity---Story contained in the F.I.R. appeared to be preposterous and unconvincing---Fact that accused succeeded in ravishing the victim in the presence of other family members was hard to believe---Medical evidence did not support the prosecution case as medical officer had observed that the scratches on the victim's chest were fabricated and she was used to the act of coitus---Prosecution witnesses had categorically stated that they had not witnessed the occurrence and they had been falsely cited as eye-witnesses by the complainant---No other incriminating circumstances existed to corroborate the version of the alleged victim---Probability that accused and his co-accused had been falsely involved in the case under a certain plan, could not be ruled out---Sufficient reasons existed to believe that the case constituted need for further inquiry as contemplated under S. 497(2), Cr.P.C---Bail application of accused and co-accused was accepted and ad-interim pre-arrest bail already granted to them was confirmed, in circumstances. ORDER SHAHID HAMEED DAR, J.---Muhammad Akram and Nadeem petitioners seek bail before arrest in case F.I.R. No.737 of 2011 dated 2-11-2011 under section 376, P.P.C. registered at City Patoki (Kasur). 2. The petitioners were found innocent during the course of investigation and their names were placed in Column No.2 of the…

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