P L D 1987 Lahore 412 (PLP)
HAIDER ALI MALIK‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | P L D 1987 Lahore 412 (PLP) |
| Forum / Court | |
| Bench Members | Mazharul Haq, J |
| Parties | HAIDER ALI MALIK‑‑Petitioner Versus THE STATE‑‑Respondent |
Q1: What are the key laws and sections cited in P L D 1987 Lahore 412 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1987 Lahore 412 (PLP)?
The case was heard and decided by the bench comprising: Mazharul Haq, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1987 Lahore 412 (PLP) (HAIDER ALI MALIK‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Iltaf Elahi Sheikh for Petitioner. Muhammad Nawaz Abbasi, A.A.‑G. for the State.
Headnotes / Summary
Criminal Procedure Code (V of 1898)‑‑ ‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 354‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 18‑‑Bail‑ Preparation for attempting to commit Zina‑‑Accused holding arm of complainant asked her to accompany him to a nearby field Complainant resisted and pulled herself away and slapped accused whereupon accused tore her shirt and disappeared from scene on seeing witnesses‑‑Held, facts as narrated would describe a mere preparation stage and would attract S. 354, Penal Code‑‑Bail granted in circumstances. Nadeem Mumtaz Khan for the Complainant.
Judgment & Decree
Haider Ali, petitioner, is accused of the offence of attempt to rape. The case was registered against him at Police Station Chauntra on 1‑4‑1987.
2. It is alleged that the petitioner found Mat. Tazeem Akhtar alone who was washing clothes in the open. He went up to her, caught her by the arm and asked her to accompany him to the nearby field. She at once resisted, pulled herself away and slapped him, thereupon, he tore her shirt. In the meanwhile, witnesses appeared and the petitioner disappeared from the scene. After twenty -seven days, she reported the matter to the police; explaining that she was ashamed to mention it, but eventually she narrated the incident to her husband who took her to the police station.
3. The sole question for consideration would be whether on the facts as alleged, the offence of attempt to Zina was made out. Without prejudice to the case of either side, it appears that by holding her arm and by asking her to accompay him to the nearby field, he was still in the preparation stage and after having been slapped, out of anger, he tore her shirt. Whether under these circumstances, tearing A of the shirt was an act towards the commission of the offence of Zina. Prima facie, I am of the view that. the facts as narrated in the FIR described a mere preparation and would attract section 354, P.P.C. I, therefore, allow him bail in the sum of Rs.5,000 with two sureties each in the like amount to the satisfaction of A.C/Duty Magistrate, R/Pindi. M.Y.H./H‑28/L Bail granted.