Zain Tariq vs State S — 2025 PCrLJ 1354 LAHORE-HIGH-COURT-LAHORE

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Zain Tariq VS State S. 498---Penal Code (XLV of 1860), S. 376---Rape---Pre-arrest bail, dismissal of---Allegation against the petitioner-accused was that he raped the complainant---Complainant had nominated the petitioner in the FIR, alleging that he exploited their interactions and raped her---Complainant had also accused petitioner of threatening her and taking objectionable pictures to coerce her into silence---Complainant reiterated those allegations in her statement recorded under S.164,Cr.P.C.---Medical and forensic evidence confirmed that sexual intercourse occurred on the relevant day---During the investigation, the police concluded that the case involved fornication rather than rape---Said findings were essentially based on CCTV footage, pictures, and WhatsApp messages exchanged between the parties---While that evidence suggested a close relationship, possibly closer than the complainant acknowledged, it did not definitively establish whether the act was consensual---Such critical determination required thorough scrutiny of all the evidence during the trial---Under S.375,P.P.C, threats, intimidation, or coercion invalidate consent---Therefore, if proven, the allegations of pointing a pistol and threatening to release objectionable content would render any apparent consent irrelevant---Trial Court was the appropriate forum to evaluate the evidence, including the CCTV footage, WhatsApp messages and other material to determine the nature of the offence---Pre-arrest bail is an extraordinary remedy reserved for cases where the accused can demonstrate that the FIR was lodged with mala fide intent, personal animosity, or the like---Petitioner had failed to satisfy that requirement---Claims of inconsistencies in the prosecution's evidence, such as discrepancies between the FIR and the complainant's statement under S.164,Cr.P.C., necessitated detailed scrutiny alongside other evidence---Such an evaluation was beyond the purview of a pre-arrest bail application---Considering the seriousness of the allegations and the absence of any exceptional circumstances justifying pre-arrest bail---Pre-arrest bail application was dismissed, in circumstances.

Zain Tariq vs State S — 2025 PCrLJ 1354 LAHORE-HIGH-COURT-LAHORE

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