Rape and extortion

2014 PCrLJ 456 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 497(2)Penal Code (XLV of 1860), Ss.376 & 386Bail, grant ofRape and extortionCase of further inquiryDelay in F.I.R.

Complainant was a school teacher who alleged that accused had blackmailed him and called her to his house for return of her computer data, where he raped her

F.I.R. was registered after four months of occurrence on arrival of her husband from abroad

Validity

Occurrence was alleged somewhere in August, 2012, which was reported in December, 2012

Reason for such delay for an educated lady not less than a school teacher was not adequately explained as neither consent of her husband was required nor he was a witness of occurrence

Final opinion of doctor showed that as per statement of victim, she was subjected to sexual intercourse five and a half months ago with an additional observation that she committed multiple intercourses after return of her husband

Record did not show any recovery memo of nude photographs

Data of computer collected at the maximum established threats of blackmailing without any demand of money or any kind

Two witnesses also kept mum for a period of three months and no mention of any date and time of occurrence was given

Complainant herself went to the house of accused just to collect data of her computer, which up till then was of no value to complainant, and according to her nude photographs were taken in the house of petitioner on the day of occurrence

Case of petitioner fell within the ambit of further inquiry, as contemplated under S.497(2) of Cr.P.C. into his guilt

Bail was allowed in circumstances.