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Criminal Miscellaneous No., 1175‑B of 1982, decided on 26th May, 1982.

‑‑ S. 497‑Evidence, appreciation of ‑ No mark of injury or violence on any part of prosecutrix's body found‑Question of commission of Zina‑bil‑Jabr as alleged, not possible requiring serious consideration at trial‑Bail allowed‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10.

P L D 1981 F S C 272 rel.

Sardar Shaukat Ali for Petitioner.

Riaz Abbasi for the State.

Rasheed petitioner has moved this petition for bail in a case registered against him under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

The allegations are that on 10th March, 1982 at 8 p. m. the petitioner trespassed into the house of Mst. Hamida Bibi and asked her as to where her husband was to which she replied that he was at his Bank. The Peti tioner then forcibly made her lie down on a cot, placed his one hand on her mouth, unstringed her trousers with the other and started committing Zina‑bil‑Jabr with her. On her alarm, Rehmat and Shafi got attracted to the spot. They caused injuries to the petitioner and tried to apprehend him but he made good his escape.

2. Learned counsel for the petitioner relics on P L D 1981 F S C 272 to contend that the commission of offence in the manner as alleged in the F. I. R. was not possible. It is further submitted that, in fact, the petitioner was beaten by the husband of the prosecutrix and it was rumoured in the village that he had gone to report the matter to the police and it was then that the present story was cooked up.

3. Learned counsel for the State has opposed the prayer for bail. He states that besides the prosecutrix the occurrence was witnessed by two other persons, namely, Rehmat and Shafi, therefore, no ground for bail is made out.

4. I have gone through the relevant material. The question raised by the learned counsel for the petitioner that the commission of Zina‑bil jabr was not possible in the manner as alleged by the prosecution, would require a serious consideration at the trial. The prosecutrix was medically examined on 14th March, 1982. Her medico‑legal report shows that there, was no mark of injury or violence on any part of her body. In the circum stances of the case, I feel that the case of the petitioner needs further inquiry. I, therefore, admit him to bail in the sum of Rs. 20,000 (rupees twenty thousand) with one surety in the like amount to the satisfaction of A. C., Chunian.

M.Y.M. Bail granted.

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