1994 PLP 1339 (MLD)
WASIM — Appellant Versus THE STATE — Respondent
| Citation | 1994 PLP 1339 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | WASIM — Appellant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1994 PLP 1339 (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 1339 (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 1339 (MLD) (WASIM — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.497
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11
Victim in a promptly reported day light abduction at gun point had fully supported the prosecution story explicitly particularising the accused as the principal accused having no recorded motive to falsely implicate him for the offence charged
Reasonable grounds, thus, existed to believe the involvement of accused in the case--Accused was refused bail in circumstances.
Judgment & Decree
Bail was sought in the case registered vide F.I.R. No.227 of 4-9-1993 under section 10/il of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Gulberg, Faisalabad at 2-45 p.m. alleging abduction of the complainant's unmarried young daughter Mst. Muneeba Bibi by the petitioner alongwith co-accused Baoo Waraich at 1-00 p.m. spiriting her away in green-coloured automobile bearing registration mark TS/6446 within the presence of her mother raising hue and cry subsequent to causation of firing by the petitioner alongwith Haq Nawaz co-accused at their house a week ago riding another vehicle bearing No.SHJ/5400.
2. Contending that recording of the co-accused's innocence by the Investigating Officers adversely reflects on the veracity of the prosecution story and even the abductee upon her recovery effected on 6-9-1993 has only alleged attempted rape by the petitioner before the Magistrate's Court in her statement under section 164, Cr.P.C. despite police tutoring during the breathing period provided by the Magistrate, which has been opposed by the learned counsel appearing on behalf of the State reiterating the prosecution story.
3. Having considered the arguments canvassed at the Bar I am not persuaded by the contentions urged by the learned counsel for the petitioner because the victim in a promptly reported day light abduction at gun point has fully supported the prosecution story explicitly particularising the petitioner as the principal accused, having no recorded motive to falsely implicate him for the offence charged, prima facie constituting reasonable grounds for believing his involvement in the offence charged renders him disentitled to be sought for concession and is accordingly hereby dismissed. N.H.Q./W-48/L Bail refused.