Step 1 of 8
Welcome!
Let's learn how to use the search features effectively.
Step 1 of 7
Welcome!
Let's learn how to use the search features effectively.
Search Results: Categories: 293 PPC (1 found)
SHAHBAZ VS The STATE
Citation: 2024 MLD 597
Case No: Criminal Miscellaneous No.72433-B/2023
Judgment Date: 31/1/2024
Jurisdiction: Lahore High Court
Judge: Justice Farooq Haider
Summary: Bail denied ---- The petitioner, sought post-arrest bail in connection with FIR No. 775/2022, dated 04.11.2022, registered under Sections 376(ii) and 293 of the Pakistan Penal Code (PPC) at Police Station Mustafa Abad, District Kasur. The FIR was lodged by the complainant, alleging that petitioner, along with his co-accused , committed rape with the complainant’s 12-year-old daughter. Additionally, the accused made a video of the assault, used it to blackmail the victim, and extorted money and jewelry from her.
------ Issues:
------ 1) Whether there were reasonable grounds to connect the petitioner with the commission of the alleged offenses.
------ 2) Whether the petitioner was entitled to post-arrest bail, considering the nature of the offense and the prohibition under Section 497 of the Criminal Procedure Code (Cr.P.C.).
------ Holding/Reasoning/Outcome:
Reasonable Grounds for Connection with the Offense: The court found that the victim, Sania Jamil, had supported the prosecution’s case by clearly identifying the petitioner in her statements recorded under Sections 161 and 164 of the Cr.P.C. She alleged that both Shahbaz and Naveed committed the offense. Additionally, the USB containing the video of the crime was recovered during the investigation, corroborating the victim's account. The defense failed to provide any reason for the victim or her family to falsely implicate the petitioner in such a serious offense.
------ Prohibition under Section 497 Cr.P.C.: The court noted that rape, particularly of a minor, falls under the prohibition contained in Section 497 Cr.P.C., which restricts the granting of bail for offenses punishable with death or life imprisonment unless exceptional circumstances exist. The court found no such exceptional circumstances in this case. The serious nature of the offense and its moral implications necessitated strict judicial action. Therefore, the petitioner was not entitled to any leniency.
------ Outcome:
The petition for post-arrest bail was dismissed. The court ruled that there were sufficient grounds to connect the petitioner to the commission of the offense, and the gravity of the crime did not warrant any leniency. The observations made by the court were deemed tentative, strictly for the disposal of the bail petition.
------ Citations/Precedents:
Section 376(ii) PPC: Punishment for rape of a minor.
Section 293 PPC: Punishment for circulating obscene material.
Section 497 Cr.P.C.: Prohibition on granting bail in cases where the offense is punishable by death or life imprisonment unless exceptional circumstances exist.