MUHAMMAD SHAKEEL vs State S — 2025 SCMR 1952 SUPREME-COURT

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MUHAMMAD SHAKEEL VS State S. 497---Penal Code (XLV of 1860), S. 376---Constitution of Pakistan, Art. 185(3)---Rape---Bail, grant of---Further inquiry---Allegation against the accused-petitioner was that he forcibly committed zina with the daughter of complainant---Though Medico-Legal Certificate of the victim and DNA Analysis Report of Forensic Science Agency revealed sexual intercourse by the petitioner with the victim but the Medico-Legal Certificate of the victim did not reveal any marks of violence on the body of victim---Thus, it was yet to be determined at the trial as to whether the sexual intercourse was with consent of the victim or it was forcible---According to section 164 Cr.P.C. statement of the victim she along with her father went to the police station but surprisingly neither victim nor her father got registered FIR and same was registered by the mother of the victim who admittedly was not present in the house at the time of the alleged occurrence---In her section 164 Cr.P.C. statement the victim had not explained as to how the petitioner, being her first cousin, forcibly committed zina with her twice when her father was present in the house/sleeping on the roof top and as to how her relative entered in the house while passing through the street---Pleas raised and put to the victim by the petitioner during cross-examination to her section 164 Cr.P.C. statement also made out a case of further inquiry---On the basis of tentative assessment of the material so far available on record, the case against the petitioner fell within the ambit of further inquiry---Petitioner being in judicial custody was no more required for any further investigation or probe---Despite submission of challan in December 2024, till date the statement of victim and the prosecution witnesses had not been recorded and in that regard no plausible explanation had been offered by the prosecution---Bail could not be withheld as mere punishment---Petition was converted into an appeal and was allowed, in circumstances.

MUHAMMAD SHAKEEL vs State S — 2025 SCMR 1952 SUPREME-COURT

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