Aqib Mushtaq vs State S — 2025 YLR 2232 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 2232 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Aqib Mushtaq vs State S
Subject matter: Criminal
Provisions referred to: S. 497; S. 377-B---S; 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

Aqib Mushtaq VS State S. 497(2)---Penal Code (XLV of 1860), S. 377-B---Sexual abuse---Bail, grant of---Further inquiry---Allegation against the petitioner was that he sexually abused the daughter of the complainant---Except statement of victim, no other evidence was available at this stage of the proceedings---Sexual abuse could only be formalized after recording of evidence by the Trial Court---In the absence of forensic or medical evidence, petitioner had made a case for further inquiry---Burden of proof i.e. 'proof beyond reasonable doubt' on prosecution also applied at all stages including the pre-trial stage and even at the time of deciding whether the accused was entitled to bail or not---Prosecution so far had not discharged such burden successfully---Therefore, petitioner had succeeded to make out a case for further inquiry---For further inquiry, the Court can pick any of the situations which raises suspicion that accused is not involved in the commission of offence---Petitioner was behind the bars since 17.12.2024; investigation of the case was complete and his person was no more required for the purpose of further investigation, therefore, keeping the petitioner behind the bars would serve no useful purpose to the prosecution---Petition was allowed, in circumstances.

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