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Criminal Miscellaneous No. 1116/B of 1985, decided on 12th November, 1985.
---S. 497--Penal Code (XLV of 1860), S.302/376--Bail, grant of--Accused not named in F.I.R.--No incriminating articles recovered from their person--No eye-witness of occurrence available--Evidence of approver requires corroboration by some independent evidence--Case of accused required further inquiry--Bail granted in circumstances.
Rana Taj Mahmood Khan with Insaf Bhatti for Petitioners.
Muhammad Latif for the State.
Date of hearing: 16th November, 1985:
This is a petition for bail on behalf of Muhammad Zahid and Saif Ullah accused who are facing charge of rape, and murder of Mst. Rabia Durrani, aged about 7 years. The prosecution case is that Mst. Rabia Durran: was a student of Government Girls High School. On 27-9-1985 she attended school but did not return home thereafter. Her father Abdul Shakoor complainant searched her but could not know her whereabouts. On 28-4-1985 Ashiq Farid P.W. informed Abdul Shakoor complainant that dead lady of a small girt was lying near date trees. He, therefore, went to that place alongwith Abdul Shafi and Raja Abdul Qadir. He identified the dead body to be that of his daughter. The gold ear-rings were found missing and it appeared that she had been strangulated to death. The police after registration of the case undertook investigation and arrested Muhammad Zahid, Saif Ullah and Muhammad Rafique accused. Muhammad Rafique has been tendered pardon and made approver. The evidence collected against the two petitioners is firstly, the statement of approver and secondly, the recovery of ear-rings from Muhammad Akbar Goldsmith on the pointing out of Muhammad Zahid petitioner.
2. I have heard the learned counsel appearing on behalf of the parties and have perused the record. The two petitioners are not named in the F.I.R. No incriminating article was recovered from their person. There is no eye-witness of the occurrence in this case. It is correct that there is a statement of their accomplice Rafique and also the recovery of golden ear-rings from Akbar Goldsmith but this evidence A would require corroboration by some other independent evidence which till this time is not forthcoming. I, therefore, find the case of two petitioners to be that of further enquiry and admit them to bail on their furnishing of bail bonds in the sum of Rs.20,000 each with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Alipur.
S.A. Petition accepted.
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