Find a Lawyer

Criminal Miscellaneous No.1406/13 pf 1985, decided on 24th June,1985.

Criminal Procedure Code (V of 1898)--

---S.497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), s.11--Victim forcibly abducted and subjected to rape--Case prima face not to be of sexual intercourse with consent Even if it was a case of sexual intercourse with consent, held, it was still an offence--Accused committed rape taking advantage of adverse circumstances of victim--No case for bail made out--Bail refused.

Sh. Muhammad Younus for petitioner.

Shabbir Lali for the state.

Mst. Maqsoodan went to the field for the call of nature; On the way, she was abducted by the petitioner with the help of co-accused and taken away in car. The accused took her to their village. Petitioner allegedly raped her there. On intervention, petitioner s maternal-uncle Khushi Muhammad got her restored to her father. Later, the matter was reported by Mst. Maqsoodan.

2. In the first place, prima facie there are no circumstances to indicate that it was a case of sexual intercourse with consent. Even if that be the case, it would still be an offence. Mst. Maqsoodan has no mother. Her father had gone for condolence to another village. Taking advantage of her circumstances, the petitioner allegedly raped her. No case for bail. This petition is dismissed.

S.A.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.