LAHORE – The Lahore High Court on Monday granted bail before arrest to an accused rapist as victim girl apprised the court that her father, the complainant in the FIR, and not the accused had been raping her.
Justice Ch Iftikhar Hussain issued this order on a bail petition of Muhammad Irfan resident of Allama Iqbal, Lahore. Muhammad Yousaf had lodged FIR under section 376 of the PPC (rape charges) at Wahdat Colony Police Station against Irfan accusing him of raping his 10 years old daughter Maham with consent of his wife Nazia Bibi.
Appearing before the court, Maham, in her statement submitted that her father had been raping her and had threatened her not to tell anyone. She said he also had been giving her money for the purpose. She also said that Irfan never raped her and her father wanted to implicate him by leveling baseless allegations against him.
At this the judge granted bail to Irfan. In the FIR registered on August 22, 2010, Yousaf had accused that on August 16, 2010 he went out of his house and when returned to home, his daughter Maham told him that her mother Nazia called two boys namely Mohsin and Irfan at the house. He quoted his daughter as saying that Mohsin committed fornication with her mother while Irfan raped her. He said that Irfan raped his daughter with consent of his wife.
According to the investigation record, medical was conducted of the victim and rape was proved. Irfan in his bail application submitted that Yousaf implicated him in a fake case. He said the FIR against him was lodged against him with malafide intentions just to harass and blackmail him. He said he is innocent and never been involved in such crimes.
It is pertinent to mention here that Additional Sessions Judge Muhammad Rafiq on December 10, 2010 had dismissed bail petition of the accused after victim Maham appearing before the court confirmed that Irfan raped her.
Judge Muhammad Rafiq in his written order held: “The statement of daughter of the complainant, the victim has been recorded. The medical report supports the version of the complainant. The complainant is of 9 – 10 years. Her statement at this stage cannot be discarded. No malafide is attributed to the complainant. The application is dismissed.”
