Law: Code of Criminal Procedure (CrPC), 1898

Section: 164203-C

Law: Pakistan Penal Code, 1860

Section: 496-B,374,376

Summary of the Case:

The petitioner seeks pre-arrest bail in FIR No. 1546/2024, registered under Section 376 of the Pakistan Penal Code (PPC). The complainant alleges that the petitioner, a fabric shop owner in Faisalabad, developed a rapport with her and proposed a business arrangement involving fabric on credit. On July 2, 2024, he invited her to a warehouse, where she claims he assaulted and raped her while an accomplice held her at gunpoint, also capturing compromising images and videos for blackmail.

The Sessions Court denied the petitioner’s bail request, leading him to approach this Court. His counsel, Barrister Momin Malik, argued that the allegations were false, citing inconsistencies in the complainant’s statements and medical evidence. The prosecution opposed bail, asserting that the allegations were specific and supported by forensic evidence.

The investigating officer concluded that the case involved fornication rather than rape, based on CCTV footage and digital communications. The petitioner’s counsel argued that the alleged offence should fall under Section 496-B PPC (fornication), which is bailable and requires a complaint rather than an FIR.