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Criminal Miscellaneous No 1640,B of 1983 decided on 10th July 1983.
---S. 497/498--Offence of Zina (Enforcement f Hudood) Ordnance VII of 1979) S.10--Bail--Offence of Zina-bil-jabr- Delay in lodging first information report not explained---Medico-Legal report showing hymen of victim girls intact and no mark of violence found on any part of her body---Accused not adult and his case not falling within propitiatory clause---Bail granted.
This is a petition for bail submitted by Nazir alias Jeera petitioner who is involved in a case under section 10 of the Offence of Zina (Enforce ment of Hudood) Ordinance, 1979, arising out of F.I.R. No.15 of 1983, dated 5-1-1983 of Police Station Sadar, Sheikhupura.
2. The allegations against the petitioner are that 8/9 days prior to the registration of the case, the petitioner took Mst. Safia aged 8/9 years inside his Haveli where he made her lie on the ground, gagged her mouth and subjected her to Zina-bil-Jabr after removing her Shalwar. On her alarm, Muhammad Younis complainant, his father Boota and Majid were attracted to the scene of occurrence but the petitioner succeeded in making good his escape.
3. It is contended on behalf of the petitioner that delay of 8/9 days in lodging the F.I.R. has not been explained. It is further argued that according to the medico-legal report of Mst. Safia, her hymen has been found to be intact. No mark of violence has been found on any part of a her body. Her vagina admitted one finger with difficulty. No result of the vaginal swabs which were sent to Chemical Examiner has been obtained.
4. It has also been urged that according to the petitioner's contention, he is 14/15 years old while the learned Sessions Judge while declining his plea for bail has observed his age to be about 16/17 years. According to section 2(a) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, adult means a person who has attained, being a male, the age of 18 years. As per section 7, ibid a person guilty of Zina, Zina-bil-Jabr is liable to be punished with imprisonment of either description for a term which may extend to 5 years if he is not an adult. It is thus contended that the petitioner being not an adult, his case does not fall within the prohibitory clause.
5. In view of the above contentions and without prejudice to the merits of the case the petitioner is admitted to bail in the sum of Rs.29,000 (Rs. twenty thousand only) with one surety in the like amount to the satisfaction of A.C. Sheikhupura.
M. Y. H. Bail granted.
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