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Criminal Miscellaneous No. 877‑B of 1986, decided on 20th April, 1986.
-‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10‑‑Bail, grant of‑‑No discharge or semen detected on medical examination of accused‑‑Solitary statement of prosecution alleging rape with her by accused was in field‑‑No. other evidence against accused available‑‑Accused behind bars for three months Investigation complete‑‑Bail granted to accused in circumstances.
Ch. Riasat Ali for Petitioner.
S.M. Hamid Ali for the State.
Date of hearing: 20th April, 1986.
The petitioner is challaned under Article 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The allegation against him is that he was lying on a cot in the same room alongwith two other persons while his co‑accused Muhammad Rafique was lying with Mst. Noor Begum co‑accused on the other cot. When the police raided the premises Mat. Noor Begum co‑accused stated that the petitioner and other persons present there had also committed sexual intercourse with her.
2. Learned counsel for the petitioner states that the case is based on false allegations. He was medically examined and no discharge, semen were detected. Excepting solitary statement of Mst. Noor Begum there is no other evidence against the petitioner of committing Zina with her. He is behind the bars since 19‑1‑1986. The investigation is said to be complete.
3. In the above circumstances, I admit the petitioner to bail in the sum of Ra.15,000 with two sureties in the like amount to the satisfaction of A.C. Mandi Bahauddin.
S.A. Bail granted.
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