Find a Lawyer

Criminal Miscellaneous No. 866-B of 1981, decided on 20th October, 1981.

-- S. 497-Bail-Baii, pressed on grounds (i) delay in lodging F. I. R., (ii) statement of alleged abductee of having been raped by petitioner dot corroborated by any other evidence, (iii) alleged abductee a woman of easy virtue and petitioner involved on account of litiga tion between parties-Allegations against petitioner, held, require further inquiry-Bail granted.

M. Sultan Alam for Petitioner.

Assistant Advocate-General Punjab for the State.

Date of hearing : 20th October, 1981.

This is an application for bail on behalf of Muhammad Abbas in a case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at Police Station Haveli, vide F. I. R. No. 69 dated 24th March, 1981.

The prosecution case is that Hanif, Shafi, Shamin5 Akhtar and Abbas abducted Mst. Shafiqan with intent that she may be subjected to sexual intercourse and took her to Lahore where Shafi and Abbas committed rape upon her and she was forced to lead life of adultery by Shamim Akhtar.

2. Learned counsel submits that there is delay in lodging the F. I. R. and the statement of Mst. Shafiqan that she was raped by the petitioner does not stand corroborated by any other evidence. He A submits that Mst. Shafiqan, in fact, is a woman of easy virtue and the petitioner has been involved on account of litigation between the parties.

3. Learned Assistant Advocate-General has seriously opposed this application. He argues that Mst. Shafiqan in her statement recorded under section 164, Cr. P. C. has levelled a charge of abduction as well as Zina bil-Jabar against the petitioner and his co-accused Shafi and in these circumstances the petitioner is not entitled to bail.

4. After hearing the learned counsel for the parties I find : (i) that there is delay of two months in lodging the F. I. R. : (ii) that the statement of Mst. Shafiqan that she was raped by Abbas petitioner is not supported by any other evidence inasmuch as she was not medically examined ; (iii) that Shafi co-accused being an absconder the submission of challan is not in sight ; (iv) that as admitted by Mst. Shafiqan she led a life of adultery for 8 months under the pressure of Shamim Akhtar and (v) that the co-accused namely Shamim Akhtar and Hanif have already been enlarged on bail.

In these circumstances, I am of the opinion that the allegations of abduction and Zina against the petitioner require further inquiry. The petitioner is therefore, allowed bail in the sum of Rs. 10,000 (rupees ten thousand) with one surety in the like amount to the satisfaction of A. C. Minchanabad.

Bail granted.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.