Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898) S. 497-Bail, grant of-Petitioner, charged with offence of rape not named in F. I. R. patently made 5 days after incident but no explanation for such delay forthcoming-Bail allowed in circumstances. Inayat v. State 1975 P Cr L J 1271; Sughran v. State N L R 1980 Criminal (Lah.) 575: Muhammad Farooq v. State P L D 1976 Lah. 1403 and Ali Ahmad v. State 1974 S C M R 163 ref. Date of institution: 2nd May, 1981.                                                                                                                                     ORDER This is an application for bail. Mst. Badre Begum made a report on 18th March, 1981, at 3. p.m. at Police Station, Kahuta, Tehsil Haveli, wherein it was alleged that she was married to Muhammad Siddique, one year prior to the incident. During the period of incident, on account of unhappy relations between the spouses, she was living with her grand father. On the night of 12th and 13th March, 1981, at about `Sehri-vela', Mst. Arba Begum, grand mother of the complainant who was also sleeping in the room, opened the door when two persons who were waiting in hide, outside the room, entered the premises, bolted the room from inside and one of the culprits sat on the bed of the complainant while the other made search of the room, on the 'pretext that Akbar and Yaqub had stolen a tape-recorder from Rawalakot and they being Police Officers, were making search for its recovery. Mst. Arba Begum told them that Akbar was still at Rawalakot. They advanced threat to younger brother of the complainant and Mst. Arba Begum. One of the culprits who was of fair complexion with moustaches and wearing black shoes, committed rape with the complainant. The other accused also raped her and thereafter both of them went out and bolted the door from outside. The incident was seen by…