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MUHAMMAD HUSSAIN vs State S — 2022 YLRN 132 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 132 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MUHAMMAD HUSSAIN vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; 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

MUHAMMAD HUSSAIN VS State S. 497---Penal Code (XLV of 1860), Ss. 377, 377-A, 506 & 34---Unnatural offence, sexual abuse, criminal intimidation and common intention---Bail, grant of---Contradictory state-ments---Contradiction in ocular and medical evidence---Further inquiry---Scope---Accused along with others was alleged to have committed offences falling within the mischief of Ss.377, 377-A, 506 & 34, P.P.C.---Offence was concealed and the FIR was deferred for around nine days for which no conceivable clarification was outfitted by the arraignment---Victim was inspected before the Magistrate under S.164, Cr.P.C., after about three days of the lodging of FIR---Complainant (mother of victim) had explicitly expressed that victim was removed by his neighbours and per FIR he went to them with no dissent but his proclamation under S.164, Cr.P.C. dismissed not quite the same as the substance of FIR---Medico legitimate proof was likewise not satisfactory because of passage of time; DNA was given as negative; even temporary medico legitimate declaration didn't show any viciousness on the specific piece of body of the person in question---Clinical proof wasn't in consonance with the claims levelled by the indictment against candidate other than that the offence was concealed---Simple certainty that challan of the case had been recorded was no ground for retaining concession of bail to a blamed, if in any case conditions assembled around built up the justification for presenting his defense to be of further enquiry---Candidate's/applicant's case was simply secured by subsection (2) of S.497, Cr.P.C. and required further enquiry---High Court observed that the moment bail application was thus permitted; candidate would be delivered on bail subject to outfitting his dissolvable guarantee and PR (Personal Recognizance) bond adding up as per the general inclination of preliminary court---Bail application was allowed, in circumstances.

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