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Criminal Bail Application No. 382 of 1986, decided on 31st March, 1986.
‑ ‑‑Ss. 497 & 265‑J‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10(3)‑‑Bail‑‑Allegation of Zina by daughter against her father‑‑Statement of victim under S. 164, Cr.P.C. recorded in presence of accused (her father) fully implicating him‑‑Statement recorded tip presence of accused a substantive piece of evidence under S. 265‑J, Cr.P.C.‑‑Medical evidence fully supporting case‑‑Nature of charge serious‑‑Offence punishable with death and even accused in such offence could be treated as hardened criminal‑‑Bail declined.
Sardar Muhammad Ishaq for Applicant.
A. A. Muhammadally, A. A.‑G . for the State.
This is an application or bail in a ease registered under section 10(3) of Zina Ordinance, 1979.
The allegation against the applicant is that he committed Zina on her own daughter aged about 12 years.
It is contended by Mr. Sardar Muhammad Ishaq that complainant and girl Shazia have not supported the prosecution case before the trial Court. He further argued that other 3 witnesses are not likely to support the case as they belong to same family.
Mr. A.A. Muhammadally opposed the bail and stated that Shazia girl is not a virgin.
This is a very serious case and during the investigation statement of Shazia under section 164, Cr.P.C. was recorded in presence of her own father. She fully implicated the accused. In view of provision of 265‑J, Cr.P.C. the statement recorded under section 164. Cr.P.C. in A presence of accused could be treated as substantive piece of evidence. The medical evidence fully supports the case and charge is of serious nature. The case is .of tampering. Mr. Sardar Muhammad Ishaque ha also taken the plea of delay in trial. This is a case of Zina‑bil‑Jabar punishable with death and even accused in such offence can be termed as hardened criminal.
This is not a case for bail and the application is dismissed.
M.A.K. Bail declined.
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