Citation Name: 2023 MLD 73 PESHAWAR-HIGH-COURTBookmark this Case BILAL AHMED vs State S — 2023 MLD 73 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 MLD 73 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: MLD
Parties: Citation Name: 2023 MLD 73 PESHAWAR-HIGH-COURTBookmark this Case BILAL AHMED vs State S
Subject matter: Criminal
Provisions referred to: S. 497---B; S. 376---K; S. 53---P; S. 3---R; S. 497; B---Penal Code (XLV of 1860); Welfare Act (XIII of 2010); Persons Act (XXXIV of 2018)

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

Citation Name: 2023 MLD 73 PESHAWAR-HIGH-COURTBookmark this Case BILAL AHMED VS State S. 497---Bail---Scope---Bail does not mean acquittal of accused but only change of custody from government agencies to the sureties, who on furnishing bonds take responsibility to produce the accused whenever and wherever required to be produced. Citation Name: 2023 MLD 73 PESHAWAR-HIGH-COURTBookmark this Case BILAL AHMED VS State Ss. 497 & 164-B---Penal Code (XLV of 1860), S. 376---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), S. 53---Prevention of Trafficking in Persons Act (XXXIV of 2018), S. 3---Rape---Sexual abuse---Trafficking in persons---DNA test---Bail, grant of---Scope---Accused was directly charged in the FIR by the complainant for committing rape with his minor daughter---Medical report available on file negated version of the complainant---Medical officer had opined for gynecologist advice but the complainant had refused to get the examination conducted---No incriminating material was available on record to show any nexus of the accused with the commission of rape---Section 164-B, Cr.P.C., had not been complied with because no samples for DNA test had been obtained either from the accused or victim despite the fact that the word "shall" was used in the said provision, making its applicability mandatory---Investigation in the case had been complete and the accused was no more required to the prosecution for the very purpose---Case of accused called for further inquiry under subsection (2) of S. 497, Cr.P.C.---Bail application was allowed.

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