The section 497 Prevention Code (XLV of 1860), section 376 rape, denied the allegation against the accused that he committed the abuse of the victim, who was a schoolgirl about the age of 11/12, Although there was a delay in filing an FIR, there was no room for delay in filing such cases as in the present case, as the parties were aware of the family honor, the delay in filing the FIR was guaranteed. Cannot be granted when there is otherwise enough material available on the record, which is already attached. The victim's medical report with the commission of the crime showed that his hymen was not intact, which confirmed the complainant's version, there was no question of being found false because both sides had shared the victim's body. The absence of signs of struggle on the ground was negligible. The crime since the victim was a helpless girl of eleven years and the accused was a 23-year-old man whose physical High Court observed that the victim was a virgin / tender-aged school girl and cannot be believed to be of any kind. In the absence of a motion to impose such a false allegation would put his career, personal dignity and family honor at stake, the defendant's bail application was dismissed.
Related judgments — Peshawar High Court NWFP, 2013
