Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 375/376/449/148/149---Rape, house-trespass in order to commit offence punishable with death, rioting armed with deadly weapons---Pre-arrest bail, refusal of---Vicarious liability for rape---Scope---Accused and co-accused armed with weapons, allegedly entered the house of the complainant and accused stood guard while two of the co-accused recorded victim's movie and committed zina with her---Court below dismissed accused's pre-arrest bail on the grounds that specific role had been assigned to the accused; that accused on the strength of weapons facilitated the co-accused to commit the alleged act which was a crime against the society and that medical report supported complainant's assertions and offences for which accused was charged fell within the ambit of prohibitory clause of S.497, Cr. P. C---Accused had contended that there was no allegation of zina against him, therefore, he was entitled to bail---Validity---F.I.R. stated that accused stood guard, while two co-accused stripped the victim naked, made a movie and thereafter committed rape' with her one after the other---Accused's case being that of vicarious liability, his pre-arrest bail application, was refused. Hussain Bux v. State 2004 PCr.LJ 1397 distinguished. ORDER SHAHID ANWAR BAJWA, J.---1. Granted. 2. Granted subject to all just exceptions. 3. F.I.R No.264 of 2011 was recorded at Police Station, Moro, on 16-7-2011 at 6-15 p.m. for an incident alleged to have occurred at 11-00 a.m. of the previous day. Complainant stated that Mst. Kiran aged about 15 years is his niece whose father used to reside in Saudi Arabia and the complainant looked after the house. On 15-7-2011 during morning time the complainant went out of the house in connection with work and when he returned to house his niece and sister-in-law told him that when they were available in the house at 11-00 a.m. five persons including two unknown persons (the present applicant being one of the three identified persons) all having pistols in their hands entered the house, aimed their weapons and asked the girls to remain silent. Two of the co-accused forcibly…

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