AZIZ-UR-REHMAN alias BABUL vs StateS — 2022 PCrLJ 828 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PCrLJ 828 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PCRLJ
Parties: AZIZ-UR-REHMAN alias BABUL vs StateS
Subject matter: Criminal
Provisions referred to: S. 164; 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

AZIZ-UR-REHMAN alias BABUL VS StateS. 498---Penal Code (XLV of 1860), Ss. 376, 452 & 506---Rape, house-trespass after preparation for hurt, assault or wrongful restraint---Pre-arrest bail, refusal of---Prompt FIR---Absence of mala fide conduct---Negative DNA report---Complainant had specifically and clearly nominated the accused with specific role of committing zina with her; she had reiterated the allegations in her statement under S. 164, Cr.P.C.---Reporting of alleged crime with reasonable promptitude had ruled out any chance of false involvement of the accused or manipulation of the narrative of FIR---Mere statement of victim was sufficient to connect the accused with the commission of the offence, if the statement of the victim inspired confidence---Nothing was available on record to show that the offence alleged against the accused was the result of mala fides on the part of the complainant or the police---So far as the contention that the DNA test report did not support the case of prosecution was concerned the samples for the test were collected after twelve days, as such, the absence of fresh evidence of intercourse was quite reasonable---Prima facie sufficient material was available on record to connect the accused with the offence alleged against him which fell within the prohibitory clause of S. 497(1), Cr.P.C.--- Accused was not entitled to the grant of concession of pre-arrest bail--- Application was dismissed, in circumstances.

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