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SAJAN vs State S — 2023 PCrLJN 39 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 39 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
SAJAN vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; 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

SAJAN VS State S. 497---Penal Code (XLV of 1860), Ss. 376, 511 & 354---Rape, assault or criminal force to woman with intent to outrage her modesty, attempt to commit offence---Bail, refusal of---Delayed FIR---Scope---Accused was alleged to have attempted to rape the complainant---Although, FIR was lodged with a delay of 07 days but delay in cases of zina was not fatal---Complainant's shirt was torn, she had received scratches and bites on her body---Investigating Officer had secured the torn shirt and Medical Officer had also issued a certificate to the effect that she had received scratches on her body---No mala fide existed on the part of the complainant to falsely implicate the accused, who was brother-in-law of her husband and was residing adjacent to her house---Accused had attempted to commit zina as he had made certain movements in execution of completing his design---Prima facie sufficient material was available on record to connect the accused with the commission of alleged offence, which fell within the prohibitory clause of S. 497, Cr.P.C.---Petition for grant of bail was dismissed.

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