Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2)

Law: Pakistan Penal Code, 1860

Section: 376

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 376---Rape committed by two or more persons in furtherance of common intention---Bail, grant of---Further inquiry---Doubtful occurrence---Delay in lodging F.I.R.---No marks of violence on body ofvictim---DNA report negative---Effect---Accused persons allegedly committed rape of alleged victim---F.I.R. was registered with a delay of two days---One of the co-accused had been discharged from the case on the statement of complainant made during investigation, wherein it was categorically stated that said co-accused had been involved due to a misunderstanding---Story narrated in the F.I.R. became doubtful in such circumstances---Medical evidence of alleged victim showed that there were no marks of violence on her body---DNA report was negative---Investigation of the case was complete---Accused persons were previous non-convicts and were never involved in any criminal case---Case was one of further inquiry into guilt of accused persons, therefore they were admitted to bail. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Heinousness of offence---Scope---Heinousness of an offence was no ground to refuse bail to an accused, if otherwise he became entitled to concession of bail. THIS ORDER PASSED BY: ABDUL SAMI KHAN, JUSTICE:---.--- Through this petition under section 497, Cr.P.C. Mazhar and Javaid Iqbal petitioners have sought bail after arrest in case F.I.R. No. 168 of 2012, dated 22-6-2012 registered at Police Station Kasessay, District Hafizabad in respect of an offence under section 376(ii), P.P.C. 2. The learned counsel for the petitioners contends that the petitioners have been roped in this case by the complainant with mala fide intention and ulterior motives by widening the net and after joining hands with the local police. There is a delay of two days in registration of F.I.R. which has not been explained by the complainant. One nominated accused namely Jamshaid alias Shadoo has been discharged in this case on the statement of complainant. So the story narrated in the F.I.R. has become doubtful. The medical evidence is inconsistent with the ocular account and…

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