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Criminal Miscellaneous No. 2545-B of 1982, decided on 30th October, 1982.
-- S. 497 read with Offence of Zina-(Enforcement of Hudood) Ordi nance (VII of 1979), Ss. 10, 11 & 16-Bail, grant of-Petitioner charg ed for offences under Ss. 10, 11 & 16 of Ordinance, on allegation of abducting a minor girl about 13/14 years of age and subjecting her to Zina-Medical report stating age of abductee at time of alleged abduction about 17 years, having no mark of violence on her body and her vagina easily admitting two fingers-Held, A case of further inquiry to see whether girl on her own eloped with petitioner and had illicit liaison with him-Petitioner allowed bail, in circumstances.
Arif Iqbal Hussain Bhatti for Petitioner.
Nemo for the State.
Date of hearing : 30th October, 1982.
Tariq Masih petitioner has submitted this application for bail. He is involved in offences punishable under sections 10, 11 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The case against him arises out of F. 1. R. No. 123 of 1982 dated 12th June, 1982 of P. S. Shadbagh, Lahore.
2. It is alleged that on 10th June, 1982 the petitioner deceitfully abducted Mst. Razia aged about 13/14 years daughter of Bashir Masih, the first informant and subsequently subjected her to Zina.
3. It is contended on behalf of the petitioner that according to the allegations against him in the F. 1. R. Afzai Masih and Taj Masih saw the petitioner abducting Mst. Razia on a motor-cycle. Both Taj Masih and Afzal Masih had sworn affidavits about the innocence of the petitioner.
4. It is next alleged that the abductee Mst. Razia is alleged to be 13/14 years old in the F. I. R. whereas according to the medical, report she has been opined to be 17 years old and her father while performing her marriage on 21st June, 1982 got recorded her age to be 17 years. Regarding the allegation of Zina reliance on behalf of the petitioner is placed on the medico-legal report according to which no marks of violence have been found on the person of Mst. Razia and her hymen had old tear and the vagina admitted two fingers loosely.
5. The learned counsel for the State while opposing the bail main tained that the abductee in her statement recorded under section 164, Cr. P. C. has held the petitioner liable for her abduction and of commis sion of rape on her.
6. The petitioner is admittedly behind the bars since 14th June, 1982 i.e. for over four months. Cballan against him has been submitted very recently and the trial Court on the last hearing has supplied copies of statement of witnesses to him.
7. As already observed, as per medical report the age of the abductee at the time of alleged, abduttion was 17 years. She had no mark of violence on her body. Her vagina easily admitted two fingers. In these circum stances, it is a case of further enquiry to see that if she of her own eloped with the petitioner, and had illicit liaison with him.
8. In this view of the matter, without prejudice to the merits of the case, the petitioner is admitted to bail in the sum of Rs. 20,000 (Rs. Twenty Thousand only) with one surety in the like amount to the satisfaction of A. C. City, Lahore.
Bail allowed.
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