Sec. 376 PPC - Rape

2017  SCMR  366     SUPREME-COURT

  Side Appellant : MUHAMMAD TANVIR

  Side Opponent : State

S. 497 (2)---Penal Code (XLV of 1860), Ss. 376, 511 & 451---Rape, house trespass in order to commit offence punishable with imprisonment---Bail, grant of---Further inquiry---FIR was lodged after more than two days of the alleged occurrence---Medical examination of the complainant-victim was conducted after a delay of about three days---DNA test report was also negative ---Co-accused had been declared innocent by the police---Case against the accused in such circumstances called for further inquiry within the ambit of S. 497 (2), Cr.P.C.---Accused was behind bars since about seven months and no useful purpose would be served by keeping him behind bars for an indefinite period---Bail was granted accordingly.

2016  SCMR  2176  :   SUPREME-COURT

  Side Appellant : HAIBAT KHAN

  Side Opponent : State

S. 497 (2)---Penal Code (XLV of 1860), S. 376(1)---Rape---Bail, grant of---Further inquiry---FIR had been lodged with a delay of 14 days---Medico-legal certificate of the alleged victim did not depict any mark of violence on any part of her body---Chemical examiner had submitted his report in the negative in respect of the vaginal swabs of the alleged victim and the report of the D.N.A. test had been received in the negative ---Perusal of the FIR showed that none of the eye-witnesses had in fact witnessed the alleged rape and it was the minor victim herself who had disclosed to them that the accused had committed rape with her---Material available on the record showed that the present case was merely a case of an attempt which had remained abortive or a case of a mere preparation---Investigating agency had already concluded that the allegation levelled against the accused was false and that upon completion of the investigation a report had already been submitted seeking cancellation of the FIR---Case against the accused called for further inquiry into his guilt within the purview of S. 497 (2), Cr.P.C.--- Accused was admitted to bail accordingly.

2013  MLD  1115  :   LAHORE-HIGH-COURT-LAHORE

  Side Appellant : MAZHAR

  Side Opponent : State

S. 497 (2)---Penal Code (XLV of 1860), S. 376---Rape committed by two or more persons in furtherance of common intention---Bail, grant of---Further inquiry---Doubtful occurrence---Delay in lodging F.I.R.---No marks of violence on body of victim---DNA report negative ---Effect---Accused persons allegedly committed rape of alleged victim---F.I.R. was registered with a delay of two days---One of the co-accused had been discharged from the case on the statement of complainant made during investigation, wherein it was categorically stated that said co-accused had been involved due to a misunderstanding---Story narrated in the F.I.R. became doubtful in such circumstances---Medical evidence of alleged victim showed that there were no marks of violence on her body---DNA report was negative ---Investigation of the case was complete---Accused persons were previous non-convicts and were never involved in any criminal case---Case was one of further inquiry into guilt of accused persons, therefore they were admitted to bail.

2013  PCr.LJ  733  :   LAHORE-HIGH-COURT-LAHORE

  Side Appellant : MUHAMMAD AMEEN

  Side Opponent : State

S. 497 ---Penal Code (XLV of 1860), S. 376---Rape---Bail, refusal of---Allegation against accused (imam mosque) was that he committed zina with the victim, who was getting education of the Holy Quran at the mosque---Contentions of the accused were that he had been involved in the case due to a previous enmity between the parties; that there was a dispute over 'Imamat' of the mosque between the accused and a close relative of the complainant; that there was an unexplained delay of four days in lodging of the F.I.R.; that report of the Chemical Examiner and DNA tests were negative , and that medico legal report of the victim did not reveal any injury or mark of violence on the body of the alleged victim---Validity---Medico legal report of the victim revealed that her hymen was torn and her vagina admitted two fingers---Accused had failed to point out as to why the complainant had involved the accused in a case in which he himself ran the risk of stigmatizing his young daughter (victim)---Contentions of the accused related to deeper appreciation of the material available on record, which was neither desirable nor required at bail stage---Accused was involved in a heinous offence which fell within the prohibitory clause of S. 497 , Cr.P.C.---Bail petition of accused was dismissed, in circumstances.

2011  PCrLJ  990     KARACHI-HIGH-COURT-SINDH

  Side Appellant : JEHANGEER

  Side Opponent : State

S. 497 ---Penal Code (XLV of 1860), Ss.496-A/376---Enticing a woman and rape---Bail, grant of-Delay of five months in lodging of F.I.R. and opinion of Medical Officer.