Bashir Ahmad vs State S — 2025 YLR 2236 LAHORE-HIGH-COURT-LAHORE

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Bashir Ahmad VS State S. 497---Bail order---Observations of the Court---Scope---Observations made in the bail order are tentative in nature and should not influence the trial Court in any manner. Citation Name: 2025 YLR 2236 LAHORE-HIGH-COURT-LAHOREBookmark this Case Bashir Ahmad VS State S. 497---Penal Code (XLV of 1860), S. 376---Rape---Bail, refusal of---Allegation against the accused-petitioner was that he committed rape with the daughter of the complainant---In the case in hand a promise of the marriage was allegedly made by petitioner with victim, as such he obtained her consent on the basis of fraud and allurement and under that pretext victim submitted her body and allowed the petitioner to have sexual intercourse with her---Such like consent is not a consent in the eye of law, which has been obtained by practicing a deception---Victim was subjected to sexual intercourse from time to time by petitioner against her will and without herconsent, as such ingredients of the offence of rape as envisaged in S.375, P.P.C, were squarely fulfilled---Victim had given birth to an illegitimate child, who was at present of the age of 5/6 months---D.N.A. report in the case was positive, which established the petitioner as biological father of said child---Thus, there was no need of any further evidence to establish the offence---Statement of victim recorded under S.161 & 164, Cr.P.C., alone sufficient, which got full corroboration and confirmation from Medico-Legal Report and D.N.A. test report and fact of giving birth to a child by the victim---Prima facie involvement of petitioner in the crime stood fully established---No inference other than that of the guilt of accused could be drawn---No an iota of the material was there to suggest that the case was requiring further inquiry---Act of the petitioner had put prestige and honour of the family of victim on crossroad and spoiled whole of the life of victim and particularly that of child, which presented a dreadful picture---Circumstances did not permit to extent any leniency in favour of the petitioner---Petition was dismissed, in circumstances.

Bashir Ahmad vs State S — 2025 YLR 2236 LAHORE-HIGH-COURT-LAHORE

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