MUHAMMAD AKRAM vs State S — 2022 YLR 2323 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD AKRAM VS State S. 497---Penal Code (XLV of 1860), Ss. 376 & 337-J---Rape---Causing hurt by means of a poison---Bail, grant of---Case of zina with consent---Failure to recover utensil containing intoxicating material--- Further inquiry--- Scope---Prosecution case was that the complainant was called by accused on the pretext of giving her a job at a beauty parlor; that the accused along with co-accused took the complainant at an unknown place where some intoxicating material was administered to her through a bottle and that the accused persons thereafter committed rape with the complainant turn by turn---Complainant was admittedly a married lady therefore medico legal report showing her hymen to be old ruptured was inconsequential---True, DNA test report revealed that accused persons could not be excluded being contributors towards the semen detected on the vaginal swabs of the complainant but point for determination before the High Court was as to whether it was a case of rape as alleged by the complainant or it was a case of zina with consent, which was bailable offence---No allegation of forcible abduction was levelled neither was there any medico legal report in support of the allegation of intoxicating material being administered to the complainant nor the bottle containing intoxicating material was recovered---Allegation of rape levelled against the accused required further probe---Co-accused was released on bail by the Sessions Judge on the exonerating statement of the complainant---Case of accused was at par with the case of co-accused---Petition for grant of bail was allowed, in circumstances.

MUHAMMAD AKRAM vs State S — 2022 YLR 2323 LAHORE-HIGH-COURT-LAHORE

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