Muhammad Anwar And 5 Other vs The State
This matter concerns a criminal bail application filed by the applicants seeking confirmation of pre-arrest bail in a case registered under Sections 376, 506, 504, and 34 of the Pakistan Penal Code 1860, involving allegations of Zina-bin-Jabr. The core legal question was whether, given the significant delay in lodging the First Information Report (F.I.R.) and the inconclusive medical evidence, the applicants were entitled to the confirmation of their interim pre-arrest bail. The Court observed that the F.I.R. was lodged with an unexplained delay of several days after the alleged incident, and the medical examination failed to provide evidence of struggle or sexual assault due to the lapse of time. Furthermore, the victim's statement recorded under Section 164 of the Code of Criminal Procedure 1898 lacked clarity regarding the date of the incident. Conceding that there was no other material connecting the applicants to the crime, the prosecution did not oppose the bail. Consequently, the Court confirmed the interim pre-arrest bail, holding that the unexplained delay and lack of corroborative evidence created sufficient doubt to warrant relief.
- Does an inordinate delay in lodging an F.I.R. in a case of Zina-bin-Jabr constitute sufficient grounds for the grant of pre-arrest bail?
- Can pre-arrest bail be confirmed when the medical evidence is inconclusive regarding the alleged offense?
- Is the statement of the victim alone sufficient to deny bail when there is a significant delay in reporting the crime?
- Section 376, Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
- Section 504, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 164, Code of Criminal Procedure 1898
1. ORDER FAISAL ARAB, J. - The Applicants are booked in Crime No. 158 of 2011 under Sections 376, 506, 504, 34, P.P.C, of Police Station Bulri Shah Karim.
2. In the F.I.R, it is alleged that the Applicants committed Zina-bin-Jabr against Mst Kulsoom one month prior to the registration of the F.I.R, It appears from the contents of the F.I.R, that the alleged incident occurred in early November, 2011, whereas the F.I.R, was lodged on 2.12.2011 and after very next day of the lodging of the F.I.R, medical examination of the victim lady was conducted but it was opined by the Medical Officer that on account of inordinate delay In the examination it cannot be seen that there was any mark of struggle to establish Zina-bin-Jabr.
3. The victim lady herself in her 164, Cr.P.C, statement before Judicial Magistrate on 10.12.2011 did not disclose even the approximate date on which the alleged incident had taken place but th?Re is mention of a date to be 27th on which date she managed to leave the place of her residence alongwith her family members, and thereafter lodged F.I.R. On 27th when she with her family went to live some where else can be taken as 27th of November, 2011. Even on 27.11.2011 or soon thereafter, no F.I.R, was lodged until 2nd of December, 2011 which is more than 5 days from the date when the alleged victim was in a position to lodge the F.I.R. This delay prima facie creates doubt.
4. Learned A.P.G, also states that there is no material with the prosecution to connect the Applicant with the alleged crime except the statement of the lady and that too was recorded after considerable delay. He extends his no objection for grant of bail.
5. In view of the delay in lodging of the F.I.R, as discussed above and the medical report in the negative, the interim pre-arrest bail granted to the Applicants is confirmed on the same terms and conditions.
6. The criminal bail application stands disposed of.