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2008 YLR 1062

NAVEED MASIH vs THE STATE

Citation2008 YLR 1062
CourtLahore High Court
Case No.Criminal Miscellaneous No, 2625-B of 2007
Date2007-06-12
Judge(s)Sardar Muhammad Aslam
ResultBail granted

ORDER

' 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.

6. 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 virtue indulged in sexual activities. Her sole statement cannot be relied upon in absence of strong corroboration.

7. 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.

8. 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.

Cited by 3 cases

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