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.

Other judgments reported in 2021 MLD

2021 MLD 1709 PESHAWAR-HIGH-COURTSHER WALI VS State S.497---Bail---Tentative assessment---Scope---Tentative assessment of material is to be made at bail stage and deeper app…
2021 MLD 1410 PESHAWAR-HIGH-COURTMUSHTAQ AHMAD VS FAYAZ S.13---Eviction of tenant---Relationship of landlord and tenant---Scope---Payment of rent is a sine qua non for the r…
2021 MLD 1410 PESHAWAR-HIGH-COURTMUSHTAQ AHMAD VS FAYAZ Party can only succeed according to what was alleged and proved.
2021 MLD 907 PESHAWAR-HIGH-COURTMUHAMMAD HUSSAIN VS AMJID HUSSAIN S.497---Bail---Medical grounds---Scope---Where the court is satisfied of the sickness of the accused and t…
2021 MLD 837 PESHAWAR-HIGH-COURTHIDAYAT ULLAH KHAN VS MIRZA ALI KHAN Definition---"Estoppel" is a doctrine of law which precludes a person from denying the truth of stateme…
2021 MLD 307 PESHAWAR-HIGH-COURTMUHAMMAD SALEEM VS State S.164---Confessional statement---Scope---Conviction could be awarded to accused on sole basis of his confession, ho…

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