MUHAMMAD RAMZAN Versus THE STATE
This matter concerns a petition for the confirmation of pre-arrest bail in a criminal case involving allegations of unlawful intercourse and causing a miscarriage, registered under Section 338-G and Section 322 of the Pakistan Penal Code 1860, alongside Section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979. The core legal question before the court was whether the evidence gathered by the investigating agency was sufficient to substantiate the allegations and justify the denial of bail. Upon reviewing the record, the court observed that the prosecution’s case relied almost exclusively on the oral statement of the prosecutrix. Furthermore, the court noted that the affidavits submitted by the parents of the prosecutrix did not constitute eyewitness testimony regarding the alleged incident. Consequently, the court determined that the evidence collected was of a tenuous nature and insufficient to sustain the allegations at the current stage. The court held that in the absence of corroborative evidence, the petitioner was entitled to relief, and accordingly, the ad-interim bail previously granted was confirmed.
- Is the oral statement of a prosecutrix sufficient to deny bail in the absence of corroborative evidence?
- Does the lack of eyewitness testimony in affidavits weaken the prosecution's case for the purpose of bail?
- Can pre-arrest bail be confirmed when the evidence collected by the investigating agency is considered tenuous?
- Section 338-G, Pakistan Penal Code 1860
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 322, Pakistan Penal Code 1860
ORDER
Case F.I.R. No.663, dated 18-11-2002 was registered at Police Station Kahna, Lahore under section 338-G, P.P.C. and section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Latter, charge under section 322, P.P.C. was added to the First Information Report.
2. According to Mst. Sajida Parveen/complainant, Muhammad Ramzan, who was brother of her husband Nasir Ali, subjected her to unlawful intercourse and also subjected her to torture, when she was in the family way, due to which she miscarried.
3. Petitioner submitted present application and was allowed anticipatory bail, ad interim, by order dated 3-1-2003. The matter has been posted for further proceedings.
4. I have heard the learned counsel for the parties and record has been seen.
5. Excepting the oral statement of the prosecutrix, no further evidence has been collected by the investigating agency, which, at this stage, substantiates the allegations being levelled against the petitioner. Mother and father of Mst. Sajida Bibi submitted affidavits, which were to the effect that she was subjected to torture but they were also not eye witnesses of the incident. Keeping in view the tenuous nature of evidence collected by police, so far in the case, bail allowed to petitioner earlier, is hereby confirmed on the bail bonds already submitted.
H.B.T./M-1796/L Ad-interim bail confirmed.