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Criminal Miscellaneous No.1270‑B of 1983, decided on 19th October. 1983.

‑‑‑S.497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10‑‑Bail, grant of‑‑Prosecutrix forcibly abducted and subjected to rape for number of days by petitioner and his co‑accused‑‑Petitioner and his co‑accused appearing to have interfered with prosecution evidence so as to procure conflicting statement of prosecutrix and prosecution witnesses‑‑Prima facie, petitioner, held, guilty of offence‑ Bail declined, in circumstances.

Ch. Nisar A. Saeed for Petitioner.

Altaf Ibrahim for the State.

The petitioner and three others are accused of offence under Article 10 of Ordinance VII of 1979. After abducting Mst. Kausar petitioner and his co‑accused illegally detained her and had been committing Zina‑bil‑Jabar with her.

2. It has been argued that the prosecutrix had made more than one conflicting statement and has absolved the petitioner of any liability due to which a case of further inquiry under section 497(2), Cr.P.C. is made out in favour of the petitioner. It has also been argued that the prosecution witnesses have sworn in affidavits in which they have not supported the prosecution case.

3. The petitioner and his co‑accused are police constables. It is disclosed by the statement of prosecutrix recorded under section 164, Cr.P.C. on 27‑6‑1983 that she was forcibly abducted and was subjected to rape for number of days by the petitioner and his co‑accused. Subsequently petitioner and his co‑accused appear to have interfered with the prosecution evidence so as to procure conflicting statement of the prosecutrix and the prosecution witnesses. Prima facie petitioner is guilty of the offence of Zina‑bil‑Jabar alleged against him. I do not consider it a fit case to enlarge the petitioner on bail. This petition is dismissed.

S.G.D Bail declined

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