2008 PLP 1062 (YLR)
NAVEED MASIH — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 1062 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Sardar Muhammad Aslam, J |
| Parties | NAVEED MASIH — 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 1062 (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 1062 (YLR)?
The case was heard and decided by the Lahore bench comprising: Sardar Muhammad Aslam, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 1062 (YLR) (NAVEED MASIH — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Ishtiaq for Petitioner.
- Abdul Latif Hanjra, Advocate/DPG for the State along with Faqir Muhammad, S.-I. with record.
Headnotes / Summary
Ss. 497 & 164
Penal Code (XLV of 1860), Ss.363/376
Victim while roaming at Platform of Railway Station was taken into custody by police and was produced before Magistrate, where she in her statement under S.164, Cr. P. C., negated story of abduction, rather stated to have left her house of her own accord
Victim in' her second statement recorded later on under S.164, Cr. P. C. alleged abduction and commission of Zina
Such divergent statements of victim reacted on her veracity
Medical report revealed that hymen of victim was torn with old healed tears and vagina admitted two fingers easily
Victim appeared to be a woman of easy virtue indulging in sexual activities
Sole statement of victim, in absence of strong corroboration, could not be relied upon
Stepfather of victim was real cause of trouble, against whom victim had applied to Police for initiating criminal action
Victim had again left her house and was not .traceable
Accused was granted bail in circumstances. Abdul Latif Hanjra, Advocate/DPG for the State along with Faqir Muhammad, S.-I. with record. Dr. Aqeela Butt, WMO in person.
Judgment & Decree
SARDAR MUHAMMAD ASLAM, J.
The petitioner, through this petition, seeks post-arrest bail in case F-I.R. No.1326, dated 19-12-2006 registered under sections 363/376, P.P.C. amended 376, P.P.C. with Police Station, Factory Area Lahore on the ground that he has falsely been involved in the instant case; that there is 10 days' inordinate and unexplained delay in lodging the F.I.R.; that investigation qua the petitioner is complete and he is no more required for the purpose of investigation.
2. On the other hand, learned D.P.-G. has opposed the prayer for grant of bail.
3. Heard. Record perused.
4. The victim, Rubi deeply disturbed and bewildered was roaming at the platform of Railway Station, Lahore on 1-2-2007. A lady Police Constable of Railway Police took her to Railway Help Center and her custody was given to Sub Inspector Faqir Muhammad. She was produced before a Magistrate for recording her statement under section 164, Cr.P.C. She was lodged in Dar-ul-Aman as per her desire under the order of Magistrate 1st Class. She stated to have left her house of her own accord negating story of abduction. Later on she made statement on 17-2-2007 under section 164, Cr.P.C. alleging abduction and commission of offence of Zina. Divergent statement of the victim reacts on her veracity.
5. Police Officer issued docket on 17-12-2006 for medical examination of victim. However, she was produced on-10-1-2007. Local examination revealed her hymen torn with old healed tears and vagina admitting two fingers easily. No explanation is available as to why she was not subjected to medical examination on 1-2-2007., Victim appears to be woman of easy virtues indulged in sexual activities. Her sole statement cannot be relied upon in absence of strong corroboration.
6. Police Officer is of the view that stepfather of victim is real cause of trouble. An application for launching criminal action against her stepfather was lodged by her, which was sent to Police Station Kot Lakhpat as the occurrence fell within its territorial limits. She has again left her house and is not traceable.
7. For what has been discussed above, this petition is allowed and petitioner is directed to be released on bail provided he furnishes bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court. S.A.K./N-5/L Bail granted.