Post Arrest Bail in case of Attempt to Rape

 PLJ 2021 Cr.C. (Lahore) 590

Present: Syed Shahbaz Ali Rizvi, J.

REHMAN--Petitioner

versus

STATE and another--Respondents.

Crl. Misc. No. 21412-B of 2020, decided on 24.6.2020.

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 376 & 511--post arrest bail--Allowed--Allegation of attempt to rap--Non-availability of medico-legal certificate regarding sign of violance--Civil litigation--Further inquiry--Non-denied of pendency of adjudication--No medico legal examination certificate of alleged victim regarding availability of any sign of violence on her body is available on record--Even otherwise, credibility of prosecution story, keeping in view alleged fact that petitioner, a teen ager, succeeded to escape from inside room of house of complainant in presence of complainant, a grownup man, his wife, etc. especially when he was not armed with any weapon, yet requires determination by trial Court--Counsel for petitioner has also produced copy of a civil suit filed by Rashidan Begum, grandmother of alleged victim, against Nusrat Sultan, mother of present petitioner, regarding a disputed property, which is statedly pending adjudication and that fact has not even been denied by counsel appearing on behalf of complainant--These circumstances make case of petitioner one of further inquiry into his guilt entitling him to grant of post-arrest bail under Section 497(2) Cr.P.C.--Petition allowed. [P. 591] A

Mr. Shah Nawaz Khan, Advocate for Petitioner.

Mr. Nisar Ahmad Virk, Deputy Prosecutor General for State.

Mr. Muhammad Shahbaz Bhatti, Advocate for Complainant.

Date of hearing: 24.6.2020.

Order

Through this petition, Rehman petitioner seeks post-arrest bail in case FIR No. 109/2020 dated 14.04.2020, registered for offences under Sections 376 & 511 of Pakistan Penal Code, 1860 at Police Station Saddar Shakargarh, District Narowal.

2. In brief, the allegation against the petitioner, as per contents of crime report, is that he forcibly attempted to rape Tayyaba, daughter of the complainant.

3. Arguments heard. Record perused.

4. As per police record, petitioner is 15/16 years old while according to the contents of crime report, victim Tayyaba, a young girl, is 14/15 years old. According to the statement of the complainant recorded under Section 164, Cr.P.C, petitioner forcibly removed trouser (shalwar) of Tayyaba, daughter of the complainant, and forcibly attempted to rape her but no medico legal examination certificate of the alleged victim regarding the availability of any sign of violence on her body is available on record. Even otherwise, credibility of the prosecution story, keeping in view the alleged fact that the petitioner, a teen ager, succeeded to escape from inside the room of the house of complainant in presence of the complainant, a grownup man, his wife, etc. especially when he was not armed with any weapon, yet requires determination by the learned trial Court. Learned counsel for the petitioner has also produced copy of a civil suit filed by Rashidan Begum, grandmother of the alleged victim, against Nusrat Sultan, mother of the present petitioner, regarding a disputed property, which

is statedly pending adjudication and that fact has not even been denied by the learned counsel appearing on behalf of the complainant. These circumstances make the case of petitioner one of further inquiry into his guilt entitling him to the grant of post-arrest bail under Section 497(2), Cr.P.C. For all mentioned above, this petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court.

(Y.A.)  Petition allowed