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Petitioner: KHURRAM VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Khawaja Muhammad Sharif Title: KHURRAM vs THE STATE Case No.: Criminal Miscellaneous No.8433-B of 2004 Date of Judgment:2004-12-01 Reported As: 2005 YLR 2150(1) Result: Application dismissed
Judgment ORDER ' It is contended by the learned counsel for the petitioner that case against the petitioner .Is totally false, that actually Zina has not taken place, that petitioner is not an adult, that maximum sentence which can be awarded to the petitioner is five years and that case is of further inquiry falling under subsection (2) of section 497, Cr.P.C. 2. On the other hand, learned counsel for the complainant submits that petitioner was 17 years and nine months of age at the time of occurrence, that he along with two co-accused forcibly abducted the victim Humara Zafar, took her into the Baithak of Shahbaz accused, put off her Shalwar, tried to commit Zina with her and in that process clothes of the victim were torn and on hue and cry her uncle and other witnesses came there, on which accused ran away from the spot. 3. I have heard learned counsel for the parties. It may be correct that accused is not an adult but the perusal of the F.I.R. Shows that great high-handedness in a broad-daylight has been done by the petitioner and his co-accused. To grant bail in offences not punishable with death or imprisonment for life of 10 years is a rule but there are some exceptional circumstances for the refusal of bail to the petitioner, which are present in this case, I am not inclined to grant this discretion in favour of the petitioner. No ground. Dismissed.
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