UMER BILAL vs State S — 2022 PCrLJ 1373 ISLAMABAD

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UMER BILAL VS State S. 497---Penal Code (XLV of 1860), Ss. 354-A, 506, 342, 509, 395, 384, 375-A, 377-B, 114, 412 & 34---Qanun-e-Shahadat (10 of 1984), Art. 38---Assault or use of criminal force to woman and stripping her of her clothes, criminal intimidation, wrongful confinement, dacoity, extortion, gang rape, sexual abuse, abettor present when offence is committed, dishonestly receiving property stolen in the commission of dacoity, common intention---Bail, grant of---Confession to police-officer not to be proved---Scope---Prosecution case was that a video went viral on social media wherein 5/6 persons had confined two victims, a boy and a girl, in a room; victims were stripped on gun point; threats were issued; they were forced to do indecent/obscene acts as such FIR was lodged by the police---Accused was not seen in the video but allegation against him was that he was present at the main door and was opening and closing the door of the flat---Accused was also identified by the victims---Accused was not nominated in the statements of victims recorded under Ss. 161 & 164, Cr.P.C.---No allegation was leveled against the accused regarding making videos, stripping of clothes, gang rape, dacoity, extortion, taking money, sexual abuse, etc.---Only allegation levelled against the accused was that he was present at the door of the bedroom and was opening and closing the door---Accused was arrested on the basis of statement of co-accused---Statement of co-accused before the police was inadmissible under Art. 38 of the Qanun-e-Shahadat, 1984 and the same had no evidentiary value and was inadmissible in evidence---Petition for grant of bail was accepted, in circumstances.

UMER BILAL vs State S — 2022 PCrLJ 1373 ISLAMABAD

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