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Criminal Bail Application No. 869 of 1985, decided on 29th July, 1985.
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10‑‑Consent‑‑Girl of 18/20 years of age living in house of her father‑‑Statement of complainant under S. 164, Cr.P.C. showing that father committed offence forcibly, in spite of protest of girl‑‑Other members of house under terror of father, thus could not speak‑‑As to whether girl was a willing party to the nasty affair, needed further inquiry‑‑Bail granted to girl.
K.M.Nadeem for Applicant.
Hasan Akbar for the State.
The applicant has already produced photo copy of true copy of F.I.R. and that of the order of Sessions Judge, Karachi, Mr. Mukhtar Ahmed Junejo, dated 16‑6‑1985. He has also produced true copy of the order of IXth Additional Judge, Mr. M.A. Siddiqui. I, therefore, exempt, the applicant from filing the certified copies of F.I.R. and order of Sessions Judge, referred to above.
2. Heard Mr. K.M. Nadeem, Advocate for the applicant, Mst. Nasir and Mr. Hasan Akbar, A.A.‑G. for the State:
Md. Jamil nephew of co‑accused Yamin had lodged F.I.R. of 26‑5‑1985 at 1‑00 p.m. at New Karachi Police Station alleging there that there was a rumour for the last 2 years, that his uncle Yamin was committing Zina with his own daughter Mst. Nasim. Subsequently, matter was taken up by Mohallah people in a meeting and he alleges that the allegation was proved before Mohallah people. Mat. Nasim was found to be pregnant. On receipt of the F.I.R., the Police took up investigation and examined certain witnesses. Complainant Jamil, who had lodged F.I.R. was examined under section 164, Cr.P.C., on 30‑5h1985, that 'is after 4 days of the F.I.R. Although he had made no mention of the fact that he was eye‑witness of the Zina in the F.I. R. but in his 164 statement he has claimed to be an eye‑witness of the act of Zina which clearly appears to be an improvement. The other person who claimed to be the eye‑witness is P.W. Amir Khan. His 164 statement was recorded on the date on which the 164 statement of Jamil Ahmed was recorded.
Admittedly, Mst. Nasim is a girl of tender age i.e. between 18‑20 years, when she was examined by the Lady Doctor. She is living in the house of her father co‑accused Yamin. From 164 statement of Jamil it appears that Yamin had been committing this offence forcibly and in spite of protest of her daughter. It has also been stated by Jamil that the other members of the house were under terror of Yamin, and therefore, could not speak.
In the circumstances of the case it is a matter of further inquiry as to whether this frail girl was a willing party to this nasty affair, (sexual intercourse) being carried on by her own father. Apart from all this Mst. Nasim being female is entitled to bail even on the ground that she is a woman.
I, therefore, order that the applicant Mst. Nasim be released on bail on furnishing surety and P.R. in the sum of Rs.10,000 to the satisfaction of the Sessions judge, Karachi West.
M.A.K. Bail granted.
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