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Writ Petition No.3214 and Criminal Miscellaneous No.2119‑B of 1986, decided on 24th August, 1986.

‑‑S.498‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.11‑‑Constitution of Pakistan (1973), Art‑199‑‑Petitioner, a lady praying for cancellation of F.I.R. and her remand in Darul ‑Arran in the intervening period on the ground that her age was 21 years and she had married with her own free will‑‑Petitioner alleged to be of 151 years in F.I.R.‑‑Investigation regarding her correct age still going on‑‑Quashing of F.I.R. declined in exercise of constitutional jurisdiction in circumstances‑‑No evidence was shown that lady was not major at the time of her marriage‑‑Petitioner was given choice to go to her husband's house if she so desired‑‑Bail of one accused was confirmed and granted to other accused in circumstances.

Yusuf Ali Khan for Petitioner.

Rana Zahid Mahmood for the State.

Muhammad Ali Syal for Complainant.

This order will dispose of Writ Petition No.3214 of 1986, and Criminal Miscellaneous No.2119‑B of 1986.

2. A case under section 11 of the Zina (Enforcement of Hudood) Ordinance, was registered on 14‑7‑1986 at Police Station Factory Area, District Sheikhupura. It was alleged in the F.I.R. that some of the petitioners in Criminal Miscellaneous No.2119‑B of 1986, had forcibly abducted Mst. Sakina Bibi on 21‑6‑1986. The case is still under investigations.

3, Writ Petition No.3214 has been filed by Mst. Sakina Bibi. She has prayed for cancellation of the said F . I . R . and her remand in Darul Aman in the intervening period. Criminal Miscellaneous No.2119‑B of 1986, has been filed by persons arrested during the course of the investigations.

4. Mat. Sakina Bibi states that she is 21 years of age and has of her own free will married Waryam Beg son of petitioner No.1 and brother of petitioners Nos.2 to 4 in the Criminal Miscellaneous. In support of her assertion with regard to her age she has produced her identity card. Although the complainant in the F.I.R. who is her father alleges that she is only 15 years old but he has not been able to produce before me any document to substantiate his assertion.

5. In view of the above position, the interim bail granted to petitioner No.1 is confirmed and petitioners Nos.2 to 4 are admitted to bail on their executing bonds in the sum of Rs.10,000 with one surety each in the like amount to the satisfaction of Assistant Commissioner, Ferozewala.

6. I am not prepared to quash the F.I.R. as the investigations with regard to the exact age of Mst. Sakina Bibi are still going on. She has expressed her desire to go to her husband's house. The choice is her's as I have at this stage no evidence that at the time of her marriage she was not a major. The writ petition and the criminal miscellaneous are disposed of accordingly.

M.A.K. Order accordingly.

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