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Criminal Bail Application No.972 of 1983, decided on 30th November, 1983.
‑‑‑S.497 read with Offence of Zina (Enforcement of Hudood) Ordinance (V11 of 1979), S.11‑‑Bail, grant of‑‑Petitioner, accused of offence of Zina, ‑ a Muslim girl and pubert, contracting marriage with her alleged abductor of her own accord‑‑Bail allowed, in circumstances.
Khawaja Naveed Ahmed for Petitioner.
A. A. Muhomedally, A.A.‑G. for State.
The applicant has been charged with offence of Zina under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979. It is alleged that she had eloped with Muhammad Arshad and both had committed sexual intercourse. Both are unmarried. The offence is said to have been committed on 12th November, 1983 at noon time. The report was lodged on the same day by the father of the applicant.
After three days of the incident the applicant and Muhammad Arshad who was alleged to have kidnapped her were arrested.
The plea of the applicant is that she married with Muhammad Arshad of her own accord on 12th November, 1983. Her counsel has also produced a photostat copy of Nikahnama.
Although the applicant is aged 14 years but it shall be presumed that she has attained puberty according to Muslim Law and as such she is sui juris. In view of the above circumstances Mr. A.A. Muhomedally A.A.‑G. does not oppose bail application which is allowed. The applicant shall be released on furnishing surety in the amount of Rs.10,000 and P.R. in the like amount to the satisfaction of Xth Additional Sessions Judge, Karachi, if she is not required in any other case.
S.G.D. Bail granted
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