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Criminal Bail Application No.1482 of 1986, decided on 29th October, 1986.
‑‑‑S.497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(3)‑‑Bail, grant of‑‑Victim girl allegedly wrongfully confined and subjected to sexual intercourse by show of force‑‑Hymen found having old healed tears and vagina admitting two fingers‑‑Doctor reporting girl to be habitual to sexual intercourse‑‑Complaint moved by accused against father, mother and daughters about running prostitution den‑‑Plea of false implication having been alleged, same would require further consideration‑‑Bail allowed in circumstances.
Sardar Muhammad Ishaque for Applicant.
A.A. Muhammadally, A.A.‑G. for the State.
The F.I.R. was lodged on 16‑8‑1986 under section 10(3), Zina Hudood Ordinance, 1979 by the father of the girl wherein he has stated that on 15‑8‑1986 his girl had gone to the house of the accused to fetch money but she did not turn up. She returned to the house of her parents on the next day at 10‑30 a.m. and informed that the applicant had confined her wrongfully and at show of force had committed sexual intercourse with her. Her 164, Cr.P.C. statement was recorded where she has supported the allegation. She was sent to the Doctor for medical examination and according to the report of the Doctor, the hymen of the lady had old, healed tears at 2, 3, 7 and 9 o'clock position and vagina admitted two fingers easily and congested and according to the doctors report she was habitual to sexual intercourse.
The learned counsel for the applicant has referred to the complaint moved by the applicant alongwith other Mohallah people on 10‑7‑1986 against the complainant, his wife, his daughters and his accomplices for taking legal action as they had opened a prostitution den. Therefore, the contention of the learned counsel that the applicant has been falsely implicated, requires consideration.
The learned A . A . ‑G . has not opposed the bail application.
The applicant is admitted to bail. He will be released on furnishing surety in the sum of Rs.10,000 (Rupees ten thousand only) and P. R. in the like amount to the satisfaction of the trial Court.
S. A. Bail allowed.
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