Shoukat vs State S — 2026 MLD 905 KARACHI-HIGH-COURT-SINDH

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Shoukat VS State S. 497---Penal Code (XLV of 1860), Ss. 376 & 34---Rape, common intention---Bail, dismissal of---Allegation against the accused was that he committed rape with the minor daughter of complainant---Case in hand showed that the present applicant/accused raped the victim with the help of co-accused as he held the hands of the victim---Victim had categorically made a statement under S.164, Cr.P.C, where she had fully corroborated the version of FIR despite going through the agony of cross-examination---Although the applicant/accused had allegedly accused the complainant party of some enmity, however, in such cases of enmity no allegations could be made which were a stigma and dishonor for the family and said ground did not attract a prudent mind---Even final Medico-Legal Certificate stated that she was victim of rape as per the final DNA analysis---Therefore, not only the ocular evidence, but the medical evidence suggested that she had become avictim of rape---No doubt, that was an unseen incident, but such incidents always tend to be done in an secluded areamaking it a case of un-seen incident---Usually in such a cases there is often delay in lodgment of FIR and its reporting because the family honor is involved---However, in this case in fact no delay had been caused and only one day delay in such cases had insignificant value---In such circumstances, where the offence was gruesome such as rape and an offence against the society at large, an offence that brought the female gender into the clutches of fear and harassment, lenient view could not be taken especially at the bail stage because it has been found that once the alleged accused is released on bail at large he tends to bring the family and the victim under fear, which cannot be allowed under the parameters of the law of land---Applicant/accused seemed to be connected with the commission of offence and could not succeed in making out a case for bail---Bail application was declined, in circumstances.

Shoukat vs State S — 2026 MLD 905 KARACHI-HIGH-COURT-SINDH

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