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MUHAMMAD SAJID alias SAJO vs State S — 2022 PCrLJ 151 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJ 151 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PCRLJ
Parties
MUHAMMAD SAJID alias SAJO vs State S
Subject matter
Criminal
Provisions referred to
S. 498---P; S. 377A; 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

MUHAMMAD SAJID alias SAJO VS State S. 498---Penal Code (XLV of 1860), Ss. 377A & 377B--- Sexual abuse against children--Delay in lodging FIR---Medical examination of victim---Proof of mala fides---Pre-arrest bail, refusal of---Accused sought pre-arrest bail for offence under Ss. 377A & 377B, P.P.C., inter alia, on ground that evidence against him was fabricated, that no medical examination of victim was done and that there was unexplained delay in lodging of FIR---Validity---Accused was nominated in FIR with specific allegations and adverse inference could not be drawn against complainant for approaching police seven days after the incident, as such incidents were generally not reported immediately in the society---Overall impact of said delay, if any, had to be determined by Trial Court on conclusion of the trial when testimony of all witnesses was recorded and they were duly cross-examined---Accused did not place any material which suggested that allegations were fabricated and mala fides must be pleaded with particularity and proof of mala fides was sine qua non for grant of pre-arrest bail --- All acts described in S. 377A, P.P.C. were criminal offences if the victim was less than 18 years of age and same held true regardless of age of accused and consent of victim was inconsequential; and victim's own statement against accused was most important---Allegation against accused, in the present case, was of fondling the victim, and there was no possibility of injury to victim, therefore medical examination was not required---Application for grant of pre-arrest bail was rejected, in circumstances.

Other judgments reported in 2022 PCRLJ

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