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DIN MUHAMMAD vs State S — 2022 PCrLJN 79 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PCrLJN 79 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Parties
DIN MUHAMMAD vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 164; S. 161; 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

DIN MUHAMMAD VS State S. 497---Penal Code (XLV of 1860), Ss. 496-A, 452, 506 & 376---Enticing or taking away or detaining with criminal intent a woman, house-trespass after preparation for hurt, assault or wrongful restraint, criminal intimidation and rape---Bail, grant of---Scope---Accused along with another was alleged to have enticed away the wife and daughter of complainant for the commission of illicit intercourse---Occurrence had allegedly taken place at 12:00 p.m. whereas the matter was reported to the police on the next day at 8:30 a.m.---Abductee was recovered on the day of reporting the matter but she had not accompanied the complainant to the police station for lodging the FIR, rather on the same day, she had recorded her statement under S. 164, Cr.P.C. before the Magistrate---Statements of witnesses recorded under S. 161, Cr.P.C., could not be taken into consideration for the reason that the victim while recording her statement under S. 164, Cr.P.C., had not disclosed that the occurrence was witnessed by them---Medico-legal report of the victim had not supported the allegations contained in the FIR---Accused had succeeded in making out a case for bail---Petition for grant of bail was allowed, in circumstances. Head Notes

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