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MUHAMMAD FAROOQUE versus STATE


Section 497 Criminal Procedure (XLV of 1860), Sections 302, 364A, 201 and 34 of the German (Enforcement Hood) Ordinance (VII of 1979), Section 12 bail, denying charges against the accused, committing forcible adultery with a minor. A 6/7 year old boy was killed and then the complainant saw the two accused in the house from where his son's body was recovered. One of the accused committed the adultery and killed the victim / deceased boy. Had claimed responsibility for the crime, which stated that the accused had entrusted himself with the responsibility of convicting both of his brothers / accused and on the occasion confessed only to the co-accused. On the basis of the offense, the other accused cannot be allowed to exempt the bail. At the bail stage, the Medical Officer without examination, it could not be decided that one or more persons had committed adultery. Deep testimony of the evidence is neither allowed nor justified, and the last seen to decide whether the adultery was committed by one or more persons or the entire contents of the record was examined. The evidence was available and the suspect was found dead from the house of the accused, who himself had no sufficient grounds for linking the accused to the commission of the crime, to assume that no one had been charged. Not guilty of an offense under the Prohibited Clause of Section 497 (1), the application of PC Bell was dismissed, in the circumstances

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