KARACHI: The Sindh High Court has dismissed the application of an accused seeking pre-arrest bail in an attempted rape case.

The SHC observed that the concession of pre-arrest bail cannot be granted unless the court is satisfied with the seriousness of the accused’s assertion that his intended arrest is actuated by mala fide intentions on the part of the complainant party or the police.

The applicant has been accused of entering the house of his sister-in-law when she was alone and attempting to assault her in January within the remit of the Supermarket police station.

The accused approached the SHC after the trial court had dismissed his pre-arrest bail application in March.

The lawyer for the applicant argued that the statement of the victim under Section 164 of CrPC was recorded before a judicial magistrate after a delay of 14 days and that no plausible explanation had been furnished in this regard. He also asserted that no medical evidence was available on record and that the case was fixed for indictment.

The additional prosecutor general and the victim vehemently opposed the confirmation of interim pre-arrest bail. After hearing both sides, a single-judge bench of the SHC, headed by Justice Amjad Ali Sahito, turned down the bail application. As a result, the interim pre-arrest bail granted to the applicant on April 1 was also recalled.

The bench, in its order, stated that according to the record and the victim’s statement, the applicant was the brother-in-law of the victim, who entered her house and physically abused her. Thereafter, she managed to get away, came out of the house, and started shouting, causing the neighbours to gather.

It was also noted that during her statement before the magistrate, the defence lawyer cross-examined her and argued that there was a monetary dispute/committee (VC) between both parties, but she denied the allegations.

The investigating officer informed the bench that she had collected the victim’s shirt and confirmed that it was torn from the back. The bench further observed that no mala fide intent, ill-will, or enmity had been pleaded by the applicant, which could be grounds for false implication in this case.

A case was lodged under Sections 354 (criminal force to woman with intent to outrage her modesty), 376 (punishment for rape), 337-B (Jurh/cause hurt), and 511 (punishment for attempting an offence) of the Pakistan Penal Code on the complaint of the victim’s husband.

Published in Dawn, August 2nd, 2024