Law:

Section:

(a) Criminal Procedure Code (V of 1898) S. 498 Bail Prosecution evidence consisting of broken bangles of woman allegedly raped by accused, some injuries received by her on her arm and knee and some scratches received by accused on his cheek ¬Chadar belonging to accused found by Chemical Examiner to be stained with semen also recovered from room where offence reportedly committed Sufficient material, held, existed on record to connect accused with crime and High Court rightly refused to grant bail to accused petitioner Penal Code (XLV of 1860), S. 376. [Rape.] (b) Criminal Procedure Code (V of 1898) S. 498 read with Penal Code (XLV of 1860), S. 376 Rape Bail¬Various pieces of evidence connecting accused with commission of rape taken due notice of by High Court and prima facie High Court wholly right to come to such conclusion High Court having exercised its jurisdiction in line with well established principles, not open, held, to interfere with such order. [Rape.] (c) Criminal Procedure Code (V of 1898) S. 498 read with Penal Code (XLV of 1860), S. 376 Rape Bail¬Court observations Observations in its order by High Court. "In this part of the country no woman, moreso when she is an unmarried girl, at the risk of her reputation, character and future life, would take upon herself in making such allegations as are available in F. I. R. unless it is true and she has been a victim of such animal lust" Held, should have been avoided by High Court Trial Judge advised to ignore such observations and to decide case strictly according to evidence. [Court observation-------Rape.] ORDER G. S AFDAR SHAH, J. .The petitioner herein is presently facing trial under section 376/109, P. P. C. The allegation against him is that he committed rape upon Mst. Naeem Tahira at 4 30 p. m. on 18 3 1978 in his house which was under construction. The prosecution case is that Mst. Naeem Tahira and the sister of the petitioner, namely, Mst. Shabana were trainees in the Progressive Centre at Nowshera ; on the day of occurrence, both of them, after the Centre was closed for the day, started together for their respective houses on the way, however, Mst. Shabana took Mst. Naeem Tahira to the house…

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