Wajid-ur-Rehman vs State S — 2026 MLD 959 Gilgit-Baltistan Chief Court

Case information

Citation: 2026 MLD 959 Gilgit-Baltistan Chief Court
Year: 2026
Reporter: MLD
Parties: Wajid-ur-Rehman vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 457; 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

Wajid-ur-Rehman VS State S.497---Penal Code (XLV of 1860), Ss. 365-B, 457 & 511---Abduction, lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment, attempted abduction---Bail, grant of---Allegation against the accused-petitioner was that he trespassed the house of complainant and tried to entice away the sister-in-law of complainant---Perusal of the record showed that no abduction/kidnapping had been committed in the case in hand---Although the petitioner/accused was caught by the complainant trespassing his house, but mere presumption or intention to commit an offence did not amount to be punished under the penal Sections---In such a situation, as narrated in the FIR, Ss.365-B & 511, P.P.C were not attracted in the instant case, while S.457, P.P.C., did not fall within the ambit of prohibitory clause of S.497, Cr.P.C.---Another aspect of the case was the statement of victim of the case before the District and Sessions Judge, wherein she had categorically stated that petitioner/accused did not try to abduct or entice her and contents of FIR were false and concocted---Said statement of alleged victim on oath before the Court of Session Judge made the case doubtful and benefit of doubt would always go in favour of accused being favorite child of law---Investigation of the case was complete and the accused/petitioner was not required for any further investigation in the case, who was behind the bars since his arrest---Application for post-arrest bail of the accused-petitioner was allowed, in circumstances.

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