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Criminal Miscellaneous No. 2797‑B of 1984, decided on 22nd October, 1984.
‑‑---S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10‑‑Bail‑‑Report of medical officer and chemical examiner not supporting version of prosecutrix‑‑Statements of witnesses under S.161, Cr.P.C. denying having seen sexual intercourse taking place‑‑Bail allowed.
Hussain Aziz Bhatti for Petitioner.
Abdul Hamid Rana for the State.
In continuation of my order, dated 13‑10‑1984 the Investigating Officer is present alongwith the record. The medical report is to the effect that there was no marks of violence or injury noticed on .the body of Mst. Jamila Bibi. It is stated by the medical officer that the swabs which were sealed and sent to the chemical examiner were stained with blood probably because Mst. Jamila Bibi was menstruating at that time. The medical officer has further stated that opinion of rape will be given after the detection of semen. The Police Officer/who has brought the record concedes that the report of the chemical examiner has been received and it is negative. Learned counsel on the basis of the reports of the chemical examiner as well as medical officer, argues that if there were no marks of violence found on the body of the prosecutrix and the report of the chemical examiner was also to the effect that the vaginal swabs were not stained with semen then there .is no other version on the record against the petitioner except the statement of the prosecutrix herself because even according to the statements under section 161, Cr.P.C. of the three alleged eye‑witnesses, namely, Khalid Javaid, Mst. Zubaida Bibi and Boda Gujjar they has not actually seen the sexual intercourse taking place but according to their own version they arrived at the scene of crime after hearing the alarm and when they came they saw the petitioner altercating with the prosecutrix and that it was the prosecutrix who had told them as to what had happened. Since the medical evidence as well as the report of the chemical examiner prima facie do not support the version of the prosecutrix: I admit the petitioner to bail subject to his furnishing security in the sum of Rs.20,000 with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, City Lahore. This application is disposed of.
M. A. K. Bail granted.
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