| Case ID |
ecd7e399-8d9b-4a48-869e-0b11ae063ce2 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 9051-B of 2012 |
| Decision Date |
Jul 24, 2012 |
| Hearing Date |
|
| Decision |
The Lahore High Court granted bail to the petitioner, Hafiz Sakhawat, in a case involving allegations of abduction and rape. The decision was based on several factors, including the victim's age of 18 years, the absence of any marks of violence on her body, and her refusal to undergo a DNA test. The court noted inconsistencies in the complainant's statements across different forums, which rendered the case highly doubtful and falling within the ambit of further inquiry. Consequently, the petitioner was admitted to bail upon furnishing a bond of Rs. 100,000. |
| Summary |
In the case of Hafiz Sakhawat vs. The State, the Lahore High Court addressed serious allegations involving abduction and rape under sections 365-B and 376 of the Pakistan Penal Code. The court highlighted critical evidence that supported the petitioner's claim for bail, including the victim's age of 18, the lack of physical evidence of violence, and inconsistencies in the complainant's narratives. The ruling emphasized the importance of thorough investigations and the presumption of innocence until proven guilty. This case is significant in understanding how courts evaluate evidence and the standards required for granting bail in serious criminal allegations, making it a relevant reference for future cases involving similar charges. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED MUHAMMAD KAZIM RAZA SHAMSI, J
|
| Lawyers |
Rashad Imran Chohan for Petitioner,
Ch. Jahangir, D.P.G. with Nisar Ahmad, A.S.-I. for the State,
Ch. M. Ashraf Jalal for the Complainant
|
| Petitioners |
HAFIZ SAKHAWAT
|
| Respondents |
The STATE and another
|
| Citations |
2013 SLD 471,
2013 PCRLJ 1647
|
| Other Citations |
Aman Ullah v. The State PLD 2009 SC 542,
Asad Shah v. The State 2010 YLR 450,
Ghulam Fareed v. The State 2010 YLR 1188
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497(2),
365B,
376
|