2018 P Cr (PLP)

AFTAB AHMED GORAR, J.

Through this bail application applicant sought for post arrest bail in Crime No. 64 of 2017, Police Station Gulistan- e-Jauhar, Karachi, registered under sections 354/376, P.P.C. read with section 25-D of Telegraph Act. The bail plea of the applicant was declined by the learned court of X-Additional Sessions Judge, Karachi East vide order dated 10-08-2017.

2. Precisely, the prosecution story as is envisaged in the FIR is that applicant took victim girl baby Anam in a white color Hi-roof vehicle like pick and drop; during the way applicant offered Juice in glass to baby Anam; whereby after drinking Juice she became unconscious thereafter applicant committed zina upon her and made her video clip whereby applicant left her at outside of her house with the option if she narrated facts to somebody else, her video shall be leaked, hence this FIR.

3. Mr. Fiaz Ahmed Memon, advocate, representing the applicant contended that applicant is innocent and has been falsely implicated in the present case with mala fide intention and ulterior motives; per learned counsel the incident had taken place three four months prior to the lodgment of the FIR; such delay has not been plausibly explained by the prosecution; per learned counsel there is no such medical report with regard to the detection of human sperm; per learned counsel there is no independent witness cited by the prosecution, thus it is clear violation of mandatory provisions of section 103, Cr.P.C.; per learned counsel this is case of further enquiry which do falls within the ambit of subsection (2) of section 497, Cr.P.C.; per learned counsel the applicant may be enlarged on post arrest bail.

4. Mr. Jahangir Ahmed Rahujo, advocate, representing the complainant contended that baby Anam has been kept like sacrifice goat and she has been committed rape by the applicant after the intoxication per learned counsel the respect and honor of a teenage girl has been outraged as such this offence is ashamed to the society; per learned counsel baby Anam (victim girl) has fully implicated the applicant in association with the present crime; per learned counsel in our society such like offences are increasing day by day which the applicant of-course should be discouraged while declining bail to the applicant; per learned counsel the bail plea of the applicant may be dismissed. Learned counsel relied upon the case law reported in 2011 YLR 1744, 2016 YLR 1259 and 2016 PCr.LJ 1888.

5. Seema Zaidi, DPG, for the State adopted the arguments advanced by the learned counsel for the complainant; learned DPG further contended that this is an offence which is curse against the society, per learned DPG, the act committed by the applicant is evil designed for which applicant could not deserve any leniency to the grant of bail, lastly learned DPG shown her anxiety that bail plea of the applicant may be rejected.

6. Heard and perused.

7. Admittedly, the victim girl Baby Anam has been pick and drop by the applicant which fact is in the field; the video clip so as made by the applicant as alleged in the FIR is an act ashamed to the society as well as against the norms and ethics of humanity; applicant is scribed specific role of committing rape upon victim girl when she was intoxicated by the applicant; victim girl has also disclosed such fact in her evidence recorded before the learned trial Court and the identification of the applicant is also not dubious at all; as per contents of the FIR the applicant and the victim girl were known to each other prior to the scenario. Be that as it may, time and again, one bail application was moved before the learned trial Court and another before this Court; same would met with the fate of dismissal but this aspect being hide by the learned counsel for the applicant in the present bail application with the aim and object best known to the counsel; yet conclusion of the trial is to be commenced because some of the prosecution witnesses are yet to be examined by the learned trial Court therefore, at bail stage deeper appreciation of evidence cannot be looked into, piously under the prevailing circumstances, no case for grant of bail so far has been made out.

8. As discussed supra, there is no force in the arguments advanced with regard to the bail plea of the applicant however; the instant criminal bail application stands dismissed. WA/J-10/Sindh Bail refused.