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Criminal Miscellaneous No. 393/13 of 1983, decided on 23rd February, 1983.
---S. 497/498--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) , S.18--Bail--Accused charged to be at stage of preparation for commission of offence of Zina-bil-Jabr short of attempt to commit Zina--Bail granted.
Rao Hamid Mukhtar Khan for Petitioner.
Haji Fazal-ur-Rehman for the State.
This is a petition for bail submitted by Fahimuddin who is involved in case under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, arising out of F.I.R. No. 211 dated 6th August, 1982 of Police Station Township, Lahore.
2. The petitioner is alleged to have attempted to subject Mst. Farzana Kauser, a minor daughter aged 10 years of Mst. -Mumtaz Begum, the complainant to 'Zina-bil-Jabr on 5th August, 1982 at 12.30 p.m. The F.I.R. was lodged on 6th August, 1982 at 7 p.m.
3. As per contents of the F.I.R. the petitioner finding Mst. Farzana Kauser to be alone in the house, entered into her house, removed his own shalwar and that of Mst. Farzana Kauser and was about to subject her to 'Zina-bil-Jabr' that her brother Ehsan Ali arrived and the petitioner ran away. The petitioner as also Mst. Farzana Kauser have not been got medically examined to ascertain any marks of violence on the person of Mst. Farzana Kauser or any stain of semen on the clothes of either of the two. The facts disclosed in the F.I.R. per se do not constitute the offence of attempt to commit 'Zinc-bil-Jabr'. The allegations in the F.I.R. show that the petitioner was still at the stage of preparation for commission of offence of 'Zina', a stage which appears to be short of attempt to commit 'Zina'.
4. In the above circumstances and without prejudice to the merits of the case the petitioner is admitted to bail in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of Assistant Commissioner Model Town, Lahore.
M. Y. H . Bail granted.
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