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Criminal Miscellaneous No. 1285 of 1976, decided on 20th April 1976

----S. 497‑Prosecutrix overpowered and held by two co‑accused while accused committing rape with her‑Eye‑witnesses of occurrence fully corroborated by statement of victim as well as medical evidence‑Contention that prosecutrix, having no marks of violence on her person, was a consenting party‑Contention repelled in circumstances‑Bail refused.‑Penal Code (XLV of 1860), S. 365/366/ 376.

M. R. Chughtai for Petitioner.

C. .M. Latif for the State.

Ghulam Rasool petitioner and his co‑accused Arshad and Mahmood Ahmad moved Criminal Miscellaneous No. 5451‑B of 1975. Arshad and Mahmood Ahmad were allowed bail by this Court on 14th of January 1976, while the bail petition of Ghulam Rasool was dismissed. According to the prosecution case, Arshad and Mahmood Ahmad had held Mst: Musarrat Bibi while Ghulam Rasool committed rape with her. The lady doctor found that hymen of Mst. Musarrat was freshly ruptured and was bleeding on touch. It was opined' by the lady doctor that fresh intercourse had been committed with Mst. Musarrat Bibi. How the fresh petition has been moved on the ground that the evidence of the prosecution witnesses including Mst. Musarrat Bibi has been recorded and that there are not reasonable grounds to believe that the petitioner is prima facie guilty of an offence punishable with death or imprisonment for life.

2. It was contended by the learned counsel for the petitioner that the prosecution version was belied by the medical evidence as no marks of violence were found on the person of Mst. Musarrat Bibi, and she appeared to be a consenting party; that the prosecution witnesses were related to Mst. Musarrat Bibi. I do not find any force in the contentions of the learned counsel for the petitioner Mst. Musarrat Bibi while appearing in Court deposed that on the day of occurrence at 4 p.m., she was returning from the fields and when she reached near the house of Fazal Din, the petitioner and his co‑accused dragged her to the house of Abdul Aziz where Arshad held her by the arms, Mahmood co‑accused by the legs and Ghulam Rasool, petitioner committed rape with her. She further stated that on her noise Muhammad Akbar Mashooq and Mushtaq reached the spot and rescued her. The occurrence was also witnessed by Mst. Hajran Bibi (P. W.2). The' eye‑witnesses corroborated the statement of Mst. Musarrat Bibi. Since Mst. Musarrat Bibi was held and overpowered by three persons at the time of occurrence, there could be no marks of violence on her body. According to the lady doctor, hymen of Mst. Musarrat Bibi was found to be freshly ruptured and it was bleading on touch. The lady doctor opined that fresh intercourse had been committed with her. In view of the statements of Mst. Musarrat Bibi, the other eye‑witnesses and the medical evidence, I do not consider it a fit case for bail. The petition is dismissed.

Petition dismissed:

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