1985 PLP 749 (MLD)
MUHAMMAD ANWAR — Petitioner Versus THE STATE-Respondent
| Citation | 1985 PLP 749 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Mazharul Haq, J |
| Parties | MUHAMMAD ANWAR — Petitioner Versus THE STATE-Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1985 PLP 749 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 PLP 749 (MLD)?
The case was heard and decided by the Lahore bench comprising: Mazharul Haq, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP 749 (MLD) (MUHAMMAD ANWAR — Petitioner Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Muhammad Younus for petitioner.
Headnotes / Summary
S.497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), s.11--Victim forcibly abducted and subjected to rape--Case prima face not to be of sexual intercourse with consent Even if it was a case of sexual intercourse with consent, held, it was still an offence--Accused committed rape taking advantage of adverse circumstances of victim--No case for bail made out--Bail refused. Shabbir Lali for the state.
Judgment & Decree
Criminal Procedure Code (V of 1898)
S.497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), s.11--Victim forcibly abducted and subjected to rape--Case prima face not to be of sexual intercourse with consent Even if it was a case of sexual intercourse with consent, held, it was still an offence--Accused committed rape taking advantage of adverse circumstances of victim--No case for bail made out--Bail refused. Sh. Muhammad Younus for petitioner. Shabbir Lali for the state. Mst. Maqsoodan went to the field for the call of nature; On the way, she was abducted by the petitioner with the help of co-accused and taken away in car. The accused took her to their village. Petitioner allegedly raped her there. On intervention, petitioner s maternal-uncle Khushi Muhammad got her restored to her father. Later, the matter was reported by Mst. Maqsoodan. 2. In the first place, prima facie there are no circumstances to indicate that it was a case of sexual intercourse with consent. Even if that be the case, it would still be an offence. Mst. Maqsoodan has no mother. Her father had gone for condolence to another village. Taking advantage of her circumstances, the petitioner allegedly raped her. No case for bail. This petition is dismissed. S.A. Petition dismissed.