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FAREED versus STATE


Criminal Code of Conduct (CR PC) Section 497/498 and Criminal Code (XLV of 1860), Section 363 read with offense of adultery (Enforcement Hood) Ordinance (V11 of 1979), Sections 10 and 7 of the guarantors Judicial Lock The FIR, now lodged after a month and a half delay by the Up and Police FIR, is allegedly accused of raping its parents and currently raping only 16/17 years old. Received only after recovery. Will the case, pending trial, be guaranteed?

1983 P Cr. L J 2430

[Lahore]

Before Aftab Farrukh, J ,

FAREED ‑Petitioner

versus

THE STATE‑Respondent

Criminal Miscellaneous No. 53‑B of 1980, decided on 20th January, 1980.

Criminal Procedure Code (V of 1898)‑

‑‑ S. 497/498 and Penal Code (XLV of 1860), S. 363 read with Offence of Zina (Enforcement of Hudood) Ordinance (V11 of 1979), Ss. 10 & 7‑Bail‑Petitioner in judicial lock‑up and no longer required by Police‑F. I. R. lodged after delay of one and a half months‑Alleged abductee 16/17 years old at present with her parents and making divergent statements‑Allegation of rape made only after recovery‑Abductee otherwise claiming to have married petitioner out of her own free will‑Case, held, of further inquiry made out‑Bail granted.

Ch. Muhammad Ashraf Azeem and Zafar Alam Chaudhary for Petitioner.

Ch. Muhammad Saeed for the State.

ORDER

The petitioner is in the judicial lock‑up and no longer wanted by the police for the purposes of investigation. The F.I.R. was lodged with a delay of one and a half months and the alleged abductee is stated to be 16/17 years in age. The alleged abducted girl is with her parents at present and she has made divergent statements‑one during the course of her abduction and the other after her recovery. The allegation of rape, etc., has been made only after the recovery. Otherwise she main tained the position that she had married the petitioner out of her own free will.

In this view of the matter, this is a case of further inquiry. The peti tioner is allowed bail in the sum of Rs. 5,000 with two sureties each in the like amount to the satisfaction of A. C., Vehari.

M.Y.H. Bail granted.

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