2014 PLP 2647 (YLR)
SHAHID NAWAZ — Petitioner Versus The STATE and another — Respondents
| Citation | 2014 PLP 2647 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Sikandar Zulqarnain Saleem, J |
| Parties | SHAHID NAWAZ — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2014 PLP 2647 (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 2014 PLP 2647 (YLR)?
The case was heard and decided by the Lahore bench comprising: Sikandar Zulqarnain Saleem, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2014 PLP 2647 (YLR) (SHAHID NAWAZ — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Faiz Hussain for Petitioner.
- Ch. Shakeel Ahmad, for Respondents No.2.
Headnotes / Summary
S.497
Penal Code (XLV of 1860), S.376
Medical and ocular account
Accused was arrested for committing rape of minor girl
Accused acted in like a beast and deflowered innocent baby girl aged about 5-6 years and on arrival of witnesses fled away from the scene after leaving the minor as living corpse
Direct allegation of Zina (rape) was available against accused, which fact was fully supported by medical evidence
Prima facie, there existed sufficient evidence on the record connecting accused with commission of crime
Bail was refused in circumstances. Ch. Muhammad Akbar D.P.G. for the State with Khalid, A.S.-I.
Judgment & Decree
SIKANDAR ZULQARNAIN SALEEM, J.
Through this petition, Shahid Nawaz - petitioner seeks post-arrest bail in case F.I.R. No.218, dated 30-10-2013, registered under section 376, P.P.C. at Police Station Miran Pura District Vehari at the instance of Muhammad Siddique/complainant.
2. Precise allegation as penned in the F.I.R. against the petitioner is that the petitioner committed rape with complainant's minor daughter and on seeing witnesses, he ran away from the scene, hence this petition.
3. Heard. Record perused.
4. As per available record, petitioner's name is well versed in the F.I.R. Learned counsel for the petitioner on the query of Court apropos to the allegations had remained unable to justify the false implication, as he has alleged in his petition. The act committed by the petitioner needs not to be commented as the act committed by the petitioner is such a heinous act for which language falls short of words vocabulary to condemn. The petitioner was the Qari of the Madrassa and the Muslims have had great esteem for the holy place like Masjid and Madrassa where religious education is given to the children and it is astounding that the petitioner has acted like a beast and deflowered the innocent baby girl aged about 5-6 years and on arrival of the witnesses had fled away from the scene after leaving the minor as living corpse. There is direct allegation of zina against the petitioner, which fact also finds full support from the medical evidence. Prima facie there exists sufficient evidence on the record connecting the petitioner/ accused with the commission of crime, in addition that the offence itself speaks volume qua petitioner's involvement. In these circumstances, I am of the considered view that the petitioner has not made out a case for his enlargement on post arrest bail.
5. For what has been discussed above, I am not inclined to grant bail to the petitioner. Hence, the instant petition is dismissed. MH/S-119/L Bail refused.