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Criminal Miscellaneous No. 740-B-83/BWP, decided on 14th September,1983.
---S.497/498--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10--Penal Code (XLV of 1860), S. 342/506--Bail--Offence of Zina--Two persons stated to have committed rape with complainant but report of Chemical Examiner with regard to viginal swabs showing that swab not stained with semen--Easy to concoct a rape but difficult to rebut same--Bail granted.
R.A. Ghauri for Petitioners.
Ch. Abdul Nabi for the Complainant.
M.M.A. Pirzada for the State.
This is an application for bail on behalf of Asghar and Fazla peti tioners in a case under sections 342/506, P.P.C. and section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered, at P.S. Dahranwala, vide F.I.R. No. 37/83 dated 31st March, 1983.
2. The prosecution case is that the petitioner committed Zina-bil-Jabr with Mst. Surayya complainant on the night between 29th/30th March, 1983 in the area of Chak No.177/Murad of P.S. Dahranwala.
Learned counsel for the petitioners submits that the case against the petitioner is false inasmuch as the report of the Chemical Examiner with regard to the vaginal swabs is that the same are not semen-stained.
As against this, the learned counsel for the state assisted by the learned counsel for tire complainant has opposed this application on the ground that the alleged offence falls within the prohibitory clause of section 497, Cr.P.C. and that-the medical evidence supports the story given by the prosecutrix that she was injured during the incident.
3. After hearing the learned counsel and going through the record find that the petitioners were arrested on 2nd April, 1983, that although the prosecution is that 2 persons had committed rape with her yet the swabs were not stained with semen. Since it is very easy to concoct a rape case and very difficult to rebut the same, I am inclined to grant bail to the petitioners in view of the report of the Chemical Examiner. They 'are, therefore, allowed bail in the sum of Rs. 10,000 with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Chishtian.
M. Y. H. Bait granted.
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