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Syed IMTIAZ HUSSAIN SHAH vs State S — 2021 YLRN 25 PESHAWAR-HIGH-COURT

Case information

Citation
2021 YLRN 25 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
Syed IMTIAZ HUSSAIN SHAH vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 376; S. 497; 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

Syed IMTIAZ HUSSAIN SHAH VS State S. 497---Penal Code (XLV of 1860), Ss. 376, 419, 420, 466 & 471---Rape, cheating by personation, cheating and dishonestly inducing delivery of property, forgery of record of Court or of public register---Bail, grant of---Scope---Prosecution case was that the main accused committed rape with the complainant---Accused persons/petitioners were not charged by the complainant in the FIR---Complainant had never uttered a single word regarding involvement of accused persons in the case---Copy of nikahnama available on record showed the accused as bridegroom and the complainant as bride---One of the accused persons was shown to be the nikahkhawan while the other accused persons were mentioned as witnesses of the nikah, therefore, prima facie S.376, P.P.C. was not applicable to the case of accused persons, while the punishment provided for the remaining provisions of law i.e. 419, 420, 466 & 471, P.P.C. did not fall within the prohibitory clause of S.497, Cr.P.C.---Petitions for grant of bail were allowed.

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