Waseem vs State S — 2025 YLR 378 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 378 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Waseem vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 161; S. 164; S. 377B; 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

Waseem VS State S. 497---Penal Code (XLV of 1860), Ss. 376, 377B & 511---Attempted rape---Bail, refusal of---Allegation against accused/petitioner was that he attempted to commit sodomy with the minor son of the complainant---Accused/petitioner was named in the FIR with specific role of making an attempt to commit sodomy with minor son of complainant---As per contents of the FIR, the victim was rescued after raising an uproar, which drew the attention of the witnesses at the spot---Victim, in the instant case, had fully implicated the accused/petitioner in his statement recorded under S.161, Cr.P.C on the day of occurrence and also ascribed accused/petitioner specific role of attempting to commit sodomy with him in his statement recorded under S.164, Cr.P.C.---Contents of FIR in addition to the statement of the minor victim recorded under S.164, Cr.P.C, when taken on their face value, ex facie linked the accused/petitioner with the commission of crime falling within the purview of S.377B, P.P.C entailing the punishment that fell within the ambit of prohibitory clause of S.497(1), Cr.P.C.---Moreover, there existed reasonable grounds for believing that accused/ petitioner had committed an offence falling within the ambit of prohibitory clause of S.497(1) of Cr.P.C.---No case of post arrest bail at all was made out---Petition was dismissed, in circumstances.

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