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MUHAMMAD FAYYAZ vs State S — 2022 YLRN 92 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 92 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MUHAMMAD FAYYAZ vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 376---R; 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 FAYYAZ VS State S. 497---Penal Code (XLV of 1860), S.376---Rape---Bail, grant of---Non-appearance of victim before Medical Board---Accused was alleged to have committed zina-bil-jabbar with the complainant---First Information Report was lodged with a delay of two days for which no plausible explanation was furnished---Complainant had not specified the place where she was subjected to zina-bil-jabbar---Accused had challenged the Medico Legal Certificate issued by the Woman Medico Legal Officer but the victim was not appearing before the Medical Board, therefore, members as well as chairman of the Medical Board had suspended the Medico Legal Certificate and put it in abeyance---Complainant also did not appear before the Trial Court whereas the accused was in custody---Such conduct of the complainant showed that she had no nexus or concern with the case but wanted the accused to remain behind bars---Accused had made out a good prima facie case for his release on bail within the meaning of subsection (2) of S.497, Cr.P.C.---Petition for grant of bail was allowed, in circumstances.

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