1994 PLP 1358 (MLD)
MANZOOR PERVAIZ — Petitioner Versus THE STATE — Respondent
| Citation | 1994 PLP 1358 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MANZOOR PERVAIZ — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1994 PLP 1358 (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 1994 PLP 1358 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 1358 (MLD) (MANZOOR PERVAIZ — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ayub Shaheen for Petitioner.
Headnotes / Summary
S.497(1)
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10
Alleged belated recourse to the police had been sufficiently explained in the F.I.R.
Medical evidence had supported the prosecution version
Vaginal swabs were found stained with semen-- Complainant or the victim had no motive to falsely implicate the accused-- Sufficient grounds, thus, were available to believe the involvement of accused in the offence charged which fell within the prohibition contemplated by S.497(1), Cr.P.C.
Judgment & Decree
Bail was sought in the case registered vide F.I.R. No.618 of 24-10-1993 under section 10 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Mughalpura, Lahore alleging subjection to illicit fornication the complainant's orphan minor daughter Mst. Sakina Bibi aged 13/14 years on the night intervening 22/23-10-1993 intruding into their house while the complainant was away and unsuccessful repetition of the complained of venture on the morning of occurrence which endeavour was frustrated upon complainant's intervention.
2. Contending belated lodging of the F.I.R., non-existence of any external marks of violence on the victim's body and case of no evidence for the occurrence having gone un-witnessed, which has been opposed by the learned counsel appearing on behalf of the State reiterating the prosecution story.
3. I am afraid the contentions urged by the learned counsel for the petitioner are misconceived because not only the alleged belated recourse to the police has been sufficiently explained within the text of the F.I.R. viz., complainant being a widow had to wait for arrival of her brother for going to the police but also medical evidence divulging freshly torn hymen at 6 O' Clock position in healing stage and the virginal swabs stained with semen with admitted lack of motive to falsely implicate the petitioner by the complainant or the victim of the indecent assault constitutes sufficient grounds for believing petitioner's involvement in the offence charged falling within the prohibition contemplated by section 497(1), Cr.P.C. renders him disentitled to be sought for concession and is accordingly hereby dismissed. N.H.Q./M-1510/L Bail refused.