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Criminal Miscellaneous No. 904‑B of 1981, decided on 28th October, 1981.
--‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.11 & 16‑‑Bail, grant of‑‑Victim of offence aged 22/23 years‑ Victim having 'contracted marriage with accused‑‑ Nikahnama placed on record‑‑Victim admitted in her statement recorded under S.164, Cr.P.C. fact of living with accused for three months as his wife Accused remaining in custody for about 39 days‑‑Case, held, required further inquiry‑‑Accused allowed bail in circumstances.
Pir Rafi‑ud‑Din Shah for Petitioner.
Naeem Goreja for the State.
Date of hearing: 28th October, 1981.
This is an application on behalf of Bashir Ahmad petitioner in a case under sections 11 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P.S. Gaggo vide F.I.R. No.135 dated 7‑9‑1981.
The prosecution case as disclosed in the F.I. R. is that Pahlwan maternal‑uncle of the alleged abductee, Mst. Kaneezan, took away the abductee with intent that she may be forced to sexual intercourse with anyone. Subsequently, she was handed over to Bashir Ahmad and her thumb impression on part Nikah was obtained through deceitful means and that Bashir Ahmad had been committing Zina‑bil‑Jabr with her.
2. Learned counsel for the petitioner submits that Mst. Kaneezan being sui juris contracted Nikah with Bashir Ahmad. He argues that Mst. Kaneezan in her statement recorded under section 164, Cr.P.C. has falsified the story of the prosecution as given in the F.I.R. As against this learned State counsel has seriously opposed this application. He submits that there is an allegation of rape against Bashir Ahmad and suit for jactitation has already been instituted by Mst. Kaneezan against Bashir Ahmad.
3. After hearing the learned counsel for the parties, I find that there is a Nikahnama placed on the record which shows that Mst. Kaneezan, who is aged 22/23, contracted marriage with aforesaid Bashir on 8‑7‑1981 and admitted in her statement that she lived with Bashi, Ahmad for three months as his wife. In these circumstances, I am o the opinion that the matter requires further inquiry, The petitioner, who is in jail since 19‑9‑1981, is allowed bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A.C. Vehari.
S.A. ‑‑‑‑‑ Bail allowed.
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