IRFAN AHMAD vs State S — 2022 MLD 911 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 911 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: IRFAN AHMAD vs State S
Subject matter: Criminal
Provisions referred to: S. 498---P; 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

IRFAN AHMAD VS State S.498---Penal Code (XLV of 1860), Ss.376 & 342---Rape---Wrongful confinement---Pre-arrest bail, grant of---Scope---Complainant was married with the accused, relations between the parties remained cordial for some time, subsequently the complainant came to know that it was a third marriage of the accused and thereafter difference arose between the parties---Complainant alleged that the accused got filed a suit for dissolution of marriage before Judge Family Court after forcibly obtaining her signatures on the plain papers; that he also forced her to relinquish Haq-ul-Mehr; that after obtaining the decree of dissolution of marriage, accused retained the complainant with him and thereafter raped her for almost 8 months---Held; complainant had submitted an application before Special Judicial Magistrate for lodging her in Dar-ul-Aman but she had not described the facts mentioned in the FIR in her application before the Judicial Magistrate---Subsequently being annoyed with the accused and at the behest of her parents, complainant had got registered the present case---Accused had joined the investigation, nothing was to be recovered from him and no useful purpose would be served by sending him behind the bars---Petition for grant of pre-arrest bail was allowed, in circumstances.

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