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Criminal Miscellaneous No. 991/8 of 1982, decided on 7th August,1982.

-- S. 497-Bail, grant of-F. I. R. recorded after 15/16 days of alleged abduction and no attempt made to get statement of abductee recorded under S. 164, Cr. P. C.-Abductee, a girl about 16/17 years of age, not controverting her Nikah with petitioner and silent about same in her 161 statement-Lady doctor giving no opinion about intercourse but simply mentioning that she was habitual to intercourse - Vaginal swabs sent to Chemical Examiner not received back as yet-Held, a fit case for grant of bail, in circumstances.

M. Arif for Petitioner.

Tassudiq Hussain Gilani, A. A.-G. for the State.

This is an application for bail on behalf of Allah Wasaya petitioner in a case under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P. S. Mitroo, vide F. I. R. No. 81/82, dated 25th May, 1982.

2. , The prosecution case is that Mst. Zeba and Sharifan took away Mst. Shamim on some pretext and thereafter, she was abducted by the petitioner and others who took her from place to place and committed Zina with her.

3. The learned counsel for petitioner submits that Mst. Shamim, the alleged abducteee is a sui juris and has contracted valid marriage with the petitioner and as such no offence has been committed.

As against this the learned counsel for the State has opposed this application seriously and stated that Mst. Shamim in her statement recorded under section 161, Cr. P. C. has levelled the allegations of abduc tion and Zina against the petitioner.

4. After hearing the learned counsel I find that according to the medico-legal report Annex. E' Mst. Shamim is between 16/17 years in age. Her nikah was performed with Allah Wasaya petitioner on 25th May. 1982. In statement recorded under section 161, Cr. P. C. she had not challenged the nikah and is silent about the same. She was not got medically examined as to her age by the police. She was recovered on 4th July, 1982 but was produced for medical examination on 11th July. 1982. The lady doctor has not given any opinion about the intercourse and stated that in her opinion she was habitual to intercourse. The vaginal swabs which were sent to the Chemical Examiner have not been received back. The lady doctor stated that at the time of examination the abductee was mensurating. I further find that the F.I.R. was recorded after 15/16 days of the alleged abduction and that no attempt has been made to get the statement .of the abductee recorded under section 164, Cr. P. C.

5. In these circumstances, I am of the opinion that it is a lit-case for grant of bail. The petitioner is, therefore, allowed bail in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of A. C./ Duty Magistrate, Vehari.

S.G. D. Bail granted.

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