PCRLJ 2011

2011 P Cr (PLP)

MORE — Applicant Versus THE STATE — Respondent

Jurisdiction / Court
Karachi
Decided Date
2010-November-12
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 2011 P Cr (PLP)
Forum / Court Karachi
Bench Members N/A
Parties MORE — Applicant Versus THE STATE — Respondent
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2011 P Cr (PLP)?

This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2011 P Cr (PLP)?

The case was heard and decided by the Karachi bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2011 P Cr (PLP) (MORE — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Headnotes / Summary

S. 497

Penal Code (XLV of 1860), Ss.376, 511 & 506

Rape

Bail, grant of

Statement of the victim female under S.161 Cr.P.C. had not been recorded as she was neither being produced by the complainant party before the Police nor any medical certificate was produced

Accused was confined in jail since 9-10-2010

Case of accused appeared to be of further enquiry

Accused was granted bail, in circumstances.

Judgment & Decree

ABDUL HADI KHOSO, J.

Learned counsel for the applicant argues that the allegation against the applicant is for attempting to commit zina-bil-jabr with Mst. Qubra mother of complainant. Such F.I.R. No. 111 of 2010 was registered at Police Station Taluka Larkana on 7-10-2010. Since then investigation was conducted and the case was challaned but it is very strange that the statement of the victim Mst. Qubra under section 161, Cr.P.C. has not yet been recorded as she is not being produced by the complainant party before the police. Due to such situation SIP Azher Ali, I.O. of the case has been called and he states that the complainant party has concealed the victim and they are not prepared to produce her for recording her statement under section 161, Cr.P.C. The complainant and his father namely Mashooque Ali Bhatti, are present in court has been asked that why they are not producing the victim Mst. Qubra before the I.O. for recording her statement; their reply is that the brothers of victim have taken away her with them and they do not know whereabouts of the victim. I have heard learned counsel for the applicant and learned State Counsel and gone through the record. There is no any medical certificate in this regard. The victim is not prepared even to appear before the Investigating Officer. The applicant was arrested on 9-10-2010. At present he is confined in Central Prison Larkana. The case of the applicant appears to be of further enquiry as such he is granted bail on his furnishing solvent surety in the sum of Rs. 100,000 and P.R. bond in the like amount to the satisfaction of the learned trial Court. H.B.T./M-197/K Bail granted.