2008 PLP 2838 (YLR)
SARFRAZ AHMED — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 2838 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Khurshid Anwar Bhinder, J |
| Parties | SARFRAZ AHMED — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 2838 (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 2008 PLP 2838 (YLR)?
The case was heard and decided by the Lahore bench comprising: Khurshid Anwar Bhinder, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 2838 (YLR) (SARFRAZ AHMED — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shahzad Ashraf Tarrar for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.365-B & 376
One of the alleged victims stated before the court that neither any body had abducted her nor any body committed zina-bil-jabar with her
Other alleged victim who was step-mother of first alleged victim had stated that she was subjected to zina-bil-jabar and was abducted by accused persons
Record shoaled that no such occurrence had ever taken place, especially in the light of statement of one of the alleged victims who categorically denied all the allegations levelled in the F.LR.
Statement of second alleged victim that alleged victim was subjected to Zina-bil-Jabr, seemed highly implausible, irrational and unbelievable because both alleged victims remained in the custody of accused persons for about three months, but Zina- bil-Jabr was committed only with the step-mother of other alleged victim, who was younger in age than second alleged :victim
If accused person had to commit Zina, they could have committed Zina with the younger one and there was no reason for them to commit Zina with an elderly woman
In view of contradiction in the statements of the alleged victims, Investigating Officer was directed to record statement of alleged abductees afresh and complete the investigation in the light of the statements of the alleged victims and proceed in the matter strictly in accordance with law
In the contradictory statements of the alleged victims, case against accused having become that of further inquiry into his guilt, he was admitted to bail in circumstances. Ghulam Qadir Bari, A.P.-G. for the State with Umar Draz A.S.-I. Pervaiz Iqbal Gondal for the Complainant.
Judgment & Decree
KHURSHID ANWAR BHINDER, J.
Sarfraz Ahmad, petitioner seeks post-arrest bail in case F.I.R. No.55, dated 3-2-2008, registered under sections 365-B and 376, P.P.C. at Police Station Qadarabad, District Mandi Baha-ud-Din.
2. In view of the contradictory statements of Mst. Tasmia, the abductee before the police under section 161, Cr.P.C. and before the Magistrate under section 164 Cr.P.C. She was summoned by this Court today. She has categorically stated before this Court that neither any body had abducted her nor any body committed Zina-bil-Jabr with her. The other abductee, namely, Mst. Shahnaz Bibi appeared of her own and stated that she was subjected to Zina-bil-Jabr and was abducted by the accused persons mentioned in the F.I.R.
3. The Investigating Officer, present in the Court, submitted that both the abductees after being released by the accused persons came to the police station and Mst. Tasmia Bibi was not interested in getting her medically examined whereas Mst. Shahnaz Bibi was silent about it. Moreover, it appears from the record that no such occurrence was ever taken place especially in the light of the statement made by Mst. Tasmia Bibi who categorically denies all the allegations levelled in the F.I.R. If we go by the statement of Mst. Shahnaz Bibi she involves all the accused persons in the commission of the offence. She states before this Court that she is the step mother of Mst. Tasmia Bibi and was subjected to Zina-bil-Jabr which seems highly implausible, irrational and unbelievable for the reason that both the abductees. remained in the custody of accused persons for about three months but Zina-bil-Jabr was committed only with Mst. Shahnaz Bibi, the step mother of Mst. Tasmia Bibi who is much younger in age than Mst. Shahnaz Bibi. Even if all the accused persons have to commit zina for that matter they would have committed the same with Mst. Tasmia Bibi and there was no reason for them to commit zina with Shahnaz Bibi who is an elderly woman. Under the circumstances and in view of contradiction in the statements of the abductees, Investigating Officer is directed to record their statements afresh and complete the investigation in the light of the statements of the abductees and proceed in the matter strictly in accordance with law.
4. As far as the question of grant of post-arrest bail to Sarfraz Ahmad petitioner is concerned, in view of the contradictory statements of the abductees, the case against the petitioner becomes that of further inquiry into his guilt, as such, he is admitted to bail subject to his furnishing bail bonds in the sum of Rs.50,000 with two sureties in the like amount each to the satisfaction of the trial Court. H.B.T./S-71/L Bail granted.