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‑‑ S. 497‑Bail ‑ Petitioner seen by two witnesses running out of house allegedly after committing rape upon his victim finding her alone in her father's house‑Shalwar of girl found to be stained with semen‑Contention that no marks of violence found on body of victim, she was a lady of immoral character, and P. Ws. were set up in retaliation to an earlier reprimand by petitioner, he was falsely involved in case‑Repelled‑Possibility of such like false allegation to be made against an accused person, held, quite remote‑Bail declined, in circum stances.

Abdul Aziz Qureshi for Petitioner.

Rana Maqbool Ahmad. for the State.

Date of hearing : 3rd November, 1981.

There is an allegation of rape against present petitioner. Mst. Hameedan complainant was present in the house of her father. The male members of the family were away in the fields. The petitioner entered the house of the father of the complainant and took her in a room, felled her, cut the string of shalwar with the knife, removed her shalwar and committed rape upon her. The complainant raised noise, which attracted Wali Muhammad and Sher Muhammad P. Ws., who saw the petitioner running out of the room. The petitioner had cleaned his private parts with the shalwar of the complainant. An effort was made for compromise through the respectables of the village but the father of the complainant did not agree to it. Hameedan made statement before Muhammad Rafiq, A. S. I. while she was proceeding towards the police station. She produced the shalwar, which she was wearing at the time of occurrence. This shalwar was found to be stained with semen.

2. The learned counsel for the petitioner contends that no mark of violence had been found on the body of the complainant; that according to the report of the Chemical Examiner, swabs were not stained with semen; that the complainant was a lady of immoral character and she was carrying on with Sher Muhammad P. W. and prior to the occurrence, the petitioner had reprimanded Sher Muhammad and for the said reason, a false case had been registered; that the other witness, namely, Wali Muhammad was a ,close relative of the complainant; and that it was a case of further inquiry.

3. The grounds have been considered. There are serious allegations against the petitioner. According to the complainant, the petitioner had committed rape upon her. The shalwar was found to be stained with semen. It is a remote possibility that such like false allegation would be made against an accused person. There are reasonable grounds to believe that the petitioner is guilty of an offence punishable under section 11, Ordinance VIII of 1979. The petition is without force and is dismissed.

Petition dismissed.

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