KASHIF vs State Ss — 2021 MLD 493 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 493 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: KASHIF vs State Ss
Subject matter: Criminal
Provisions referred to: S. 164; S. 365-B; S. 497; B---Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KASHIF VS State Ss.497 & 164-B---Penal Code (XLV of 1860), Ss. 365-B & 376---Kidnapping, abducting or inducing woman to compel for marriage and rape---DNA test---Bail, grant of---Further inquiry---Scope---Accused was alleged to have abducted the complainant's daughter to compel her for marriage and thereafter raped her---Victim had twice left her house but the accused was not charged by the complainant in his initial report but charged by her statement recorded under S.164, Cr.P.C.---Medical examination of the victim revealed no signs of recent intercourse---Section 164-B, Cr.P.C., was not complied with because no samples for DNA tests were obtained either from the accused or victim despite the fact that the word "shall" was used in the relevant provision which made its applicability mandatory---Except solitary statement of abductee, no other incriminating evidence was available on record to prima facie connect the accused with the commission of crime---Report of Forensic Laboratory regarding the swab was negative---Main ingredients of S.365-B, Cr.P.C., were also missing because it was not mentioned by the abductee that by what means she was abducted---Case of accused fell within the ambit of subsection (2) of S.497, Cr.P.C., calling for further inquiry in the matter---Petition was allowed, in circumstances.

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