Ghulam Muhammad vs The State and another
The petitioner sought post-arrest bail in a case registered under sections 376, 452, and 506 of the Pakistan Penal Code 1860, involving allegations of rape. The prosecution alleged that the petitioner forcibly committed rape against the complainant. Upon review of the record, the Court noted that the medical examination of the complainant revealed no signs of trauma, such as tears, lacerations, or bruises, around her private parts. Furthermore, evidence indicated that the petitioner had previously sent financial remittances to the complainant, and the petitioner claimed a marital relationship existed between them, which remained unverified by the investigating officer. Observing that the petitioner had been incarcerated since October 2019 and was no longer required for investigation, the Court held that the case warranted further inquiry under the provisions of the Code of Criminal Procedure 1898. Consequently, the Court granted post-arrest bail, emphasizing that the findings were tentative and should not prejudice the trial court's proceedings. The key principle established is that the absence of corroborative medical evidence in rape allegations, combined with potential prior relationships, can constitute grounds for further inquiry under bail provisions.
- Does the absence of physical trauma in a medical report regarding a rape allegation constitute grounds for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Can evidence of prior financial transactions between the accused and the complainant support a plea for further inquiry in a rape case?
- Is an accused entitled to bail when the investigation is complete and the accused is no longer required for further police inquiry?
- Section 376, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
SHEHRAM SAR WAR CH., J.---Ghulam Muhammad, petitioner seeks post arrest bail in case FIR No.1965 dated 13.01.2019 of fence under sections 376, 452 and 506, P .P.C. registered at Police Station Hanjarwal District Lahore.
2. Precisely , the prosecution story as set out in the FIR is that the petitioner forcibly committed rape with Mst.
Nasreen Akhtar complainant.
3. Heard. Record perused .
4. The concise allegation against the petitioner is that he committed rape with the complainant. She was medically examined on 14.10.2019 and as per medico-legal report, no tears, lacerations bruises or abrasions were found around her private parts. Learned Law Officer under instructions and after perusal of record has apprised that the petitioner has sent certain amounts from Saudi Arabia in years 2014 to 2016 to the complainant, duly received by her and as claimed by petitioner , he contracted marriage with the complainant but no opinion in this regard was given by the investigating officer. The receipts showing receiving of cash amounts are available on the police file.
The petitioner is behind the bars since 24.10.2019 and no more required for the purpose of investigation. No useful purpose would be served by keeping the petitioner behind the bars for an indefinite period.
5. Considering all these circumstances, case of the petitioner calls for further inquiry within the ambit of subsection
(2) of section 497, Code of Criminal Procedure. This petition is, therefore, allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs.1,00,000/- (rupees one lakh only) with one surety in the like amount to the satisfactio n of learned trial court. Before parting with this order , it is clarified that the observations made in this order are purely tentative in nature and relevant only for the disposal of this bail petition which shall not influence the learned trial court in any manner , whatsoever .