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Criminal Miscellaneous No. 442-B of 1984, decided on 11th March, 1984.

---S. 497/498--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10--Offence of Zina--Bail--Victim of offence, her mother and prosecution witnesses filing affidavit that culprit had muffled his face and that victim girl could not identify him--Victim of crime and her real mother exonerating accused--Case for his enlargement on bail, held, made out.

Mian Muhammad Akram Ranjha for Petitioner.

Sh. Naseer-ud-Din Ahmad for the State.

Date of hearing: 11th March, 1984.

Muhammad Akram petitioner has moved this petition for bail in a case registered against him under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

2. The prosecution version is that on 2nd September, 1983 the petitioner committed Zina-bil-Jabr with Mst. Sakina, daughter of Allah Ditta comp lainant. The occurrence was witnessed by Allah Ditta complainant, his wife Mst. Khadeja and Fateh P.Ws.

3. The learned counsel for the petitioner contends that Mst. Sakina, Mst. Khadeja and Fateh P.Ws. have sworn affidavits exonerating the petitioner, therefore, the case of the petitioner needs further inquiry. The learned State counsel has opposed the prayer for bail.

4. I have gone through the relevant material. Mst. Sakina has sworn an affidavit to the effect that the culprit had muffled his face and she could not identify her. Her real mother Mst. Khadeja and Fateh P.Ws. have also sworn affidavits to the same effect. In the circumstances, when the alleged victim of crime and her real mother are exonerating the petitioner, a case for hiss enlargement is made out. Consequently, I admit him to bail in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of Assistant Commissioner, Sargodha.

M. Y. H. Bad granted.

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