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Criminal Miscellaneous No. 1564/13 of 1984, heard on 4th July 1984.
-- S. 497 - Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 11-Bail, grant of - Prosecutrix although living with petitioner for about two months, in a thickly populated area of Karachi yet making no effort to escape nor attracting any one for her rescue-Story of her abduction from her village to Karachi and her recovery thereafter also a matter of further enquiry-Bail allowed, in circumstances.
Zafar Ullah Cheema for Petitioner.
Azmat Dad for the State.
Muhammad Rashid petitioner and six others are accused of the offence under section 10/ 11 of Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979). A case was registered against them at Police Station Daska, District Sialkot on 10th January, 1984.
2. Mst. Kausar Parveen aged 19 years was said to have been abducted by the petitioner and his co-accused Muhammad Ashraf, thereafter she carried in a Suzuki Van to Lahore, from where they went to Karachi by train. Mst. Kausar Parveen was recovered on 29th February, 1984 from a locality called as Gulshan Iqbal Goth' at Karachi where she was found in the house of Muhammad Ashraf, accused. Later she was examined under section 164, Cr. P. C. She has accused Muhammad Rashid petitioner and Ashraf of committing rape on her. She has further stated that Ashraf forcibly took her thumb-impression on some document of Nikahnama. The Investigating Officer has stated that those who have performed this Nikah and taken part in his proceedings are neither accused nor witnesses in this case. Mst. Kausar Parveen lived with Ashraf for about two months but made no effort to escape although she was living in a thickly populated area, of Karachi yet she attracted none for her rescue. Suffice it to say that the story of her abduction from her village to Karachi and her recovery thereafter is a matter of further inquiry. Moreover, Muhammad Ashraf accused is said to have married Kausar Parveen against her will. Would he then allow his companion to have sex with Mst. Kausar Parveen thus is again a matter of further inquiry. I, therefore, allow bail to the petitioner in the sum of Rs. 10,000 with two sureties each in the like amount to the satisfaction of A. C./Duty Magistrate, Daska.
S. G. D, Bail allowed.
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