2006 PLP 303 (MLD)
ASHFAQ AHMED — Petitioner Versus THE STATE — Respondent
| Citation | 2006 PLP 303 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ASHFAQ AHMED — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 303 (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 2006 PLP 303 (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: 2006 PLP 303 (MLD) (ASHFAQ AHMED — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Nazar Hussain Dogar for Petitioner.
Headnotes / Summary
S.497
Offence of Zina (Enforcement of Hudood), Ordinance (VII of 1979), S.11
Abductee and the victim of sexual assault had fully supported the version as contained in the F.I.R. in her statement under S.161, Cr.P.C. giving precise details about has abduction and subsequent conduct of the accused
Mere opinion of one of the Investigating Officers regarding the accused being innocent was of no benefit to him when the victim girl had stood firm on her allegations
Accused had made another attempt to abduct the prosecutrix for which a separate F.I.R. had been registered against him by her mother
Ample material was available on record to prima facie, connect the accused with the commission of the offence, which was hit by the prohibition contained in S.497(1), Cr.P.C.
Judgment & Decree
M. BILAL KHAN, J.
Ashfaq son of Muhammad Ashraf, the petitioner by filing the instant petition seeks post-arrest bail in case F.I.R. No.623, dated 22-9-2004, registered at Police Station Nowshera Virkan, District Gujranwala for an offence under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance No.VII of 1979).
2. The F.I.R. had been recorded at the instance of Mst. Khalida Bibi wife of Muhammad Yaqoob, wherein she stated as under:-- That her daughter Mst. Rabia Batool, aged 17 years had been abducted by Muhammad Mushtaq son of Inayat Ali, Zaka Ullah and Ashfaq (the petitioner) sons of Muhammad Ashraf, who were all armed with fire-arms along with Mst. Fazeelat wife of Muhammad Mushtaq on 30-8-2004 at 11-30 a.m. by forcibly putting her in a car; on 17-9-2004, Mst. Rabia Batool returned home after extricating herself from the abductors and informed that she had been taken to village Attawa, where Muhammad Mushtaq and Ashfaq (the petitioner) had been subjecting her to forcible Zina one after the other; her abduction had been witnessed apart from her by Asif son of Muhammad Rafiq, resident of Ilyas Colony, Gujranwala. The motive according to the complainant was that Mst. Rabia Batool had been engaged to be married to Ashfaq (the petitioner), which engagement had later on been revoked and it was on account of this grudge, that her daughter had been abducted and subjected to forcible Zina.
3. The petitioner had been arrested on 1-11-2004. His plea for post-arrest bail had been turned down by the learned Additional Sessions Judge, Gujranwala vide order dated 4-4-2005. Hence, the instant petition.
4. I have heard the learned counsel for the parties at considerable length. The record brought by Muhammad Sarwar, S.-I., has also been perused.
5. It has been observed that Mst. Rabia Batool, the alleged abudctee and the victim of sexual assault, has fully supported the version as contained in the F.I.R. in her statement under section 161, CrP.C. She has given precise details about her abduction and subsequent conduct of the accused persons including the petitioner. The mere fact that one of the Investigating Officers had rendered opinion of innocence against the petitioner will not be of any benefit to the petitioner especially so when the victim stands firm on her allegations. It A also transpires from perusal of the record that another attempt had been made by the petitioner in the intervening night of 18/19-10-2004 to abduct Mst. Rabia Batool, for which a separate case vide F.I.R. No.721 of 2004 had been lodged by her mother. The perusal of record further reveals that prima facie there is ample material available connecting the petitioner with an offence entailing prohibitory clause of section 497(1), Cr.P.C. There is no merit in this petition, which is accordingly dismissed. N.H.Q./A-649/L????????????????????????????????????????????????????????????????????????????????????????????? Bail refused.