A sessions court dismissed a pre-arrest bail application of a suspect in a case pertaining to rape of a 10-year-old girl.
Additional District and Sessions Judge Ghulam Mustafa Laghri, who is also the presiding officer of the Gender-Based Violence Court (Central), dismissed the pre-arrest bail application after hearing the counsel from both sides.
“I am of the humble view that the applicant is not entitled to concession of bail, therefore, the instant bail application is hereby dismissed and ad-interim order is recalled,” the judge ruled.
In its detailed order, the court noted that the name and specific role of the suspect mentioned in the FIR were also corroborated with the medical report of the survivor.
“The victim has also fully described the shameful act of the applicant in her 164 CrPC statement. No enmity has been alleged between the victim or complainant to falsely implicate the applicant, therefore, the most important ingredient of pre-arrest bail is not made out,” the court observed.
The court also observed that the offence was heinous and fell within the prohibitory clause of Section 497 (1) of the CrPC. Regarding the delay in the FIR, the court noted that as per the statement of the complainant it was delayed due to “fear from her husband and mother-in-law and honour of daughter”.
According to state prosecutor Hina Naz Shams, the complainant informed the police that she used to live with her in-laws. She added that on the day of the incident, her 10-year-old daughter was sleeping with her grandmother in a separate room, where her male cousin was also present. The complainant further stated that due to a power outage, she woke up to turn on the UPS and found her daughter in a state of fear. Later, the daughter informed her that the cousin had committed rape with her, she added.
She also mentioned that her in-laws pressured her not to register a complaint against the suspect and to resolve this matter within the family.
However, the mother lodged the case against the suspect with the support of her mother and brother.
The case was registered at the Gulberg police station under Sections 376 (rape) and 511 (punishment for attempting to commit offences punishable with imprisonment for life or for a shorter terms) of the Pakistan Penal Code.
Source: Dawn
