IHSANULLAH alias SANU vs The STATE through Additional Advocate General

' ABDUL LATIF KHAN, J.---Having failed to secure relief of bail from the Courts below, the accused- petitioner, namely, Ihsan Ullah alias Sanu, involved in case FIR No, 126 dated 29-3-2014, registered under sections 376/506 ,P.P.C. At Police Station, Alloch, District Shangla, has approached this Court for the said concession.

2. The allegations against the petitioner are that he on 27-7-2014 at isha vella committed rape upon complainant. Mst. Fozia Bibi, without her consent.

3. Arguments heard and record perused.

5(sic) Perusal of record reveals that petitioner has been charged by the complainant herself directly for committing rape upon her without her consent and her version is also supported by the medical report. No doubt, there is delay in lodging of the report but delay per se in such like offences is no ground for creating any dent in story of prosecution and cannot be made basis for bail when otherwise there is sufficient material available on the record which prima facie connecting the accused with the commission of offence. The contention of learned counsel that from the contents of FIR and in absence of marks of violence, as per medical report, the complainant was a consenting party but the story has been twisted into a case of rape is concerned, according to Section 375, P.P.C. a man is said to commit rape who has sexual intercourse with a woman under circumstances falling under any of the five following descriptions, i,e,, (i) against her will (ii) without her consent, (iii) with her consent, when the consent has been obtained by putting her in fear of death or of hurt (iv) with her consent, when the man knows that he is not married to her and that the consent is given_ because she believes that the man is another person to whom she is or believes herself to be married (v) with or without her consent when she is under sixteen years of age. The victim is below sixteen years of age and it cannot be expected from her to put her career and family honour at stake by fabricating a false accusation of such a nature against the petitioner, particularly, in the absence of any motive. On tentative assessm ent of the case, there are sufficient materials available on record, which prima facie connect the petitioner with the commission of offence falling under the prohibitory clause of section 497, Cr.P.C. Apart from this, challan has been submitted before the court and the accused has been summoned by the court, therefore, at this stage of the case, the petitioner is not entitled to the concession of bail.

' For the aforesaid reasons, this bail petition is dismissed. Needless to mention that this tentative assessm ent is for the purpose of disposal of bail petition and the same shall not prejudice the trial Court during trial of the case.