2016 PLP 343 (YLR)
ASGHAR ALI — Petitioner Versus The STATE and others — Respondents
| Citation | 2016 PLP 343 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Aslam Javed Minhas, J |
| Parties | ASGHAR ALI — Petitioner Versus The STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2016 PLP 343 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2016 PLP 343 (YLR)?
The case was heard and decided by the Lahore bench comprising: Aslam Javed Minhas, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 343 (YLR) (ASGHAR ALI — Petitioner Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muhammad Saleem for petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), S.376
According to DNA Analysis Report, accused did not commit rape with the daughter of the complainant
Medico Legal Report, had shown that gang-rape was not committed with the victim girl
If zina was committed, same was with her own free will
Such being a daylight occurrence it was not possible for accused and his co-accused to abduct forcibly daughter of the complainant among so many people working in the fields; and to take her to their dera for commission of gang-rape
No eye-witness of the occurrence of abduction was available on record
Accused had been arrested, but nothing had been recovered from his possession
According to report of Police Inspector, accused had been declared innocent
Case of accused required further inquiry, he was admitted to bail, in circumstances. Rao Rehman Ali for the Complainant. Ch. Muhammad Akbar, DPG along with Javed SI.
Judgment & Decree
ASLAM JAVED MINHAS, J.
Petitioner Asghar Ali seeks his post arrest bail in a case bearing FIR No.181/2015, dated 01.03.2015, offence under Section 376(ii), P.P.C., registered at Police Station Gaggo, District Vehari.
2. Precisely, the allegation against the petitioner is that the petitioner along with his co-accused forcibly abducted Mst.Nasim, daughter of the complainant and committed gang rape with her due to which she got pregnant.
3. Arguments heard. Record perused.
4. According to the DNA Analysis Report dated 03.08.2015, Imran (co-accused) cannot be excluded as being the biological father of Misbah (minor) because they share alleles at all genetic markers tested. That means petitioner did not commit rape with the daughter of the complainant. In the medico legal report, the victim herself stated that, she used to work in the fields. There she used to talk Imran and they do intercourse many times about a year in the fields. With the will of Naseem and 2 other boys do intercourse a month back. They told her not to tell anyone about the act. She is not sure of her LMP. She is unmarried. She is pregnant. The above statement of the victim shows that gang-rape was not committed with her rather if zina was committed, the same was with her own free will. It was a day light occurrence then how it was possible for the petitioner and his co-accused to abduct forcibly daughter of the complainant among so many people working in the fields and to take her to their dera for commission of gang-rape. There is no eye-witness of the occurrence of abduction. The petitioner has been arrested and nothing has been recovered from his possession. Co-accused, Imran has also been arrested. According to the report of Muhammad Bakhsh, Inspector dated 05.03.2015 the petitioner has been declared innocent. In this view of the matter, the case of the petitioner definitely requires further inquiry. This being so, this bail application is allowed and Asghar Ali, petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.200,000/- (Rupees two hundred thousand only) with one surety to the satisfaction of the learned trial court. HBT/A-106/L Bail granted.