Ali Raza vs State etc
This matter concerns a petition for post-arrest bail filed by the accused, Ali Raza, in connection with FIR No. 234 dated 01.10.2018, registered under Sections 376 and 511 of the Pakistan Penal Code 1860 at Police Station Tanda, District Gujrat. The core legal question was whether the petitioner was entitled to bail given the evidentiary gaps in the prosecution's case regarding the alleged attempted rape. The Court observed significant discrepancies, including the absence of a medico-legal certificate to substantiate violence, a four-day delay in reporting the incident, and a contradiction regarding the presence of an accomplice, which the complainant later retracted via affidavit. Furthermore, the Court noted that the petitioner was unarmed and allegedly faced by the complainant and two male witnesses, raising doubts about the prosecution's narrative. Consequently, the Court held that the case warranted further inquiry into the petitioner's guilt. The principle laid down is that where the prosecution's case suffers from material contradictions and evidentiary gaps, the accused is entitled to the benefit of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898.
- Does the absence of a medico-legal certificate in an alleged sexual assault case constitute grounds for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Can material contradictions in the complainant's statement regarding the presence of accomplices justify the grant of post-arrest bail?
- Is an accused entitled to post-arrest bail when the prosecution's case against them requires further inquiry into their guilt?
- Section 376, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Ali Raza, petitioner seeks post arrest bail in case FIR No. 234 dated 01.10.2018, offence under Sections 376 & 511 PPC registered at Police Station Tanda District Gujrat.
2. The allegation against the petitioner is that he along with his co-accused attem pted to commit rape with Mst.
Saima Basharat, complainant.
3. Arguments heard. Record perused.
4. It has been noticed that the complainant, a married lady, as per crime report, was sexually assaulted by the petitioner but no medico legal examinatio n certificate to prove any violence against her is available on record. The occurrence took place on 27.09.2018 but the matter was reported by her not earlier than 01.10.2018. An unknown person was allegedly accompanying the petitioner at the time of occurrence but during the investigation, the complainant tendered an affidavit to the investigation officer to the effect that none accompanied the petitioner at the relevant time. In this view of the matter , if the petitioner was alone, why he was not overpowered by the complainant .and two male eye-witnesses, her husband and Muhammad Arif especially when the petitioner was not armed with any fire-arm at the time of occurrence, is a question to be looked in by the learned trial Court. These circumstances make the case of the petitioner one of further inquiry into his guilt entitling him to the grant of post arrest bail under Section 497(2) of the Code of Criminal Procedure, 1898. He does not have any previous criminal record. The petitioner is behind the bars since his arrest on 26.10.2018 though he is no more required for investigation purpose.
For what has been discussed above, this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court.