Rehman vs State and another
This criminal petition was filed by Rehman seeking post-arrest bail in case FIR No. 109/2020 dated 14.04.2020, registered under Sections 376 and 511 of the Pakistan Penal Code, 1860 at Police Station Saddar Shakargarh, District Narowal, on allegations of attempting to commit rape. The core legal question was whether the petitioner made out a case for further inquiry under subsection (2) of Section 497 of the Code of Criminal Procedure, 1898. The Lahore High Court held that the petitioner was entitled to bail, noting the absence of a medico-legal examination certificate showing signs of violence, the doubtful credibility of the prosecution story given the circumstances of the escape, and a prior pending civil dispute over property between the families providing a potential motive for false implication. The court laid down the principle that where material aspects of the prosecution case require further inquiry and previous animosity over property exists, the accused is entitled to post-arrest bail under Section 497(2) of the Code of Criminal Procedure, 1898.
- Does the absence of a medico-legal certificate in an attempted rape case make the case one of further inquiry for the purpose of bail?
- Whether previous property disputes between the families of the complainant and the accused constitute grounds for further inquiry under Section 497(2) of the Code of Criminal Procedure, 1898?
- Is an accused entitled to post-arrest bail when the credibility of the prosecution story requires determination by the trial court?
- Section 376, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
- Section 164, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
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 recor d. 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.