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Criminal Miscellaneous No. 736-B of 1983, decided on 20th June, 1983.
--S.497/498--Of fence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 11--Bail--Offence of abduction and rape--Parents of abductee making no report to police which was lodged by abductee herself after four days of her recovery-- Abductee found used to sexual inter course--Accused claiming her to be his legally-wedded wife on basis of Nikahnama--Whether signature of abductee on Nikahnama, relied upon by accused, obtained by force or abductee consented to enter into Nikah with him of her own free will, a matter of further inquiry--Bail granted.
Khan Muhammad Bashir Khan for Petitioners.
Tassadaq Hussain Jilani, A.A.-G. for the State.
Three petitioners are accused of having abducted Mst. Naziran and subjected her to rape. After dismissal of their bail petition, by the learned Sessions Judge, they have approached this Court for the grant of bail.
2. According to the F.I.R. lodged by Mst. Naziran he prosecutrix herself, she was taken from her house to the fields on the pretext of urinating in the fields by Mst. Sukhan co-accused of the petitioners some 10/12 days before the registration of the case. When the prosecutrix reached in the field in the company of Mst. Sukhan the present petitioner alongwith one Peer Bakhsh suddenly emerged there and took her away forcibly under threats to her life. She was brought to Muzaffargarh in a lorry and was then subjected to rape by the present petitioner. According to Mst. Naziran she was waiting in the company of the petitioners for a bus near Thal Jute Mills, when her maternal-uncle Pathana and Bashir Ahmad P.W. per chance reached there and having seen them the petitioners allegedly decamped. It happened on 6th March, 1983. She got medically examined on 7th March, 1983 by a lady doctor. According to the medical examination she is an old case of sexual intercourse, though she is an unmarried lady. Despite her recovery on 6th March, 1983, she lodged the report on 10th March 1983, because according to her, the accused party was approaching her to hush up the matter. However, a case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance was registered at Police Station Kot Addu and investigated.
3. Muhammad Shafi and Khan Beg petitioners were arrested on 15th April, 1983 while Hashim was arrested on 5th April, 1983. During the investigation, Muhammad Shafi claimed the prosecutrix to be his legally wedded wife vide Nikahnama, dated 2nd March, 1983. The prosecutrix disown this Nikahnama saying that her thumb-impressions were obtained forcibly. Muhammad Shafi has also relied on the affidavit, dated 1st March 1983 sworn by the prosecutrix wherein she had contracted marriage with Muhammad Shafi petitioner. Muhammad Nawaz S.I. present in Court with record states that Muhammad Shafi did produce Nikahnama during the investigation, neither the Nikahkhawan nor witnesses of Nikah have been made accused in the case.
4. I have heard the learned counsel for the petitioners as well as the learned A.A.-G. and also perused the record.
5. This incident of abduction of Mst. Naziran was not reported to the police by her parents. Mst. Naziran lodged the report after 4 days of her recovery. She is used to sexual intercourse and Muhammad Shafi petitioner has claimed her as his legally-wedded wife on the basis of Nikahnama which was produced during the investigation also. It is, therefore, matter of further inquiry as to whether the thumb-impressions of the prosecutrix were forcibly obtained on the Nikahnama relied upon by A Muhammad Shafi petitioner or that she had consented to enter into the Nikah with him of her own free will. In this view of the matter, I am inclined to allow this petition. The petitioners are directed to be released' on bail subject to their furnishing bond in the sum of Rs.10,000 (Rupees ten thousand only) each with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Kot Addu.
M. Y. H. Bail granted
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