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Criminal Miscellaneous No. 1271‑B of 1979, decided on 28th April, 1979.
‑‑ S. 498 and Penal Code (XLV of 1860), S. 376/354‑Bail‑Offence of Zina‑No marks of injury on private parts of prosecutrix, her leg, thigh, back, abdomen or chest found‑In opinion of doctor prosecutrix was a habitual case‑Interim bail confirmed.
Hassan Ahmad Khan Kanwar for Petitioner.
Walayat Umar Awan for the State.
The case was initially registered under section 354, P. P. C. as no allegation of rape was made in the F.I. R. A police report contained on the reverse of application Annexure B' shows that section 376, P. P. C. was subsequently added on the supplementary statement of the prosecutrix. The medico‑legal report of the prosecutrix shows that she had no mark of injury on her private parts, leg, thigh, back, abdomen and chest, in the opinion of the lady doctor, she was habitual case. In the circumstances, A the interim bail is confirmed. The petitioner has been directed to join the investigation if and when required.
M. Y. H. Bail confirmed.
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