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Criminal Bail Application No. 1832 and Miscellaneous Application No. 2101 of 1986, decided on 17th December, 1986.
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10(3) & 18‑‑Bail, grant of‑‑Accused directing prosecutrix to go upstairs for bringing clothes from his wife‑‑Room pointed to prosecutrix by accused where Zina‑bil‑Jabr committed by co‑accused‑ Accused also went there and tried to commit Zina‑bil‑Jabr with her‑ Mohallah people apprehending accused and produced him before Police‑ Presence of prosecutrix and accused at place of Wardat, admitted‑‑Prosecutrix having no reason to implicate accused‑‑Case being of serious nature accused, held, was not entitled to bail in circumstances.
Wazir Ali for Applicant.
S. Sarfraz Ahmed, A.A.‑G. for the State.
This is an application for bail on behalf of Muhammad Boota, in a case registered under sections 10(3) and 18 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
The case of prosecution is that applicant is a Tailor. Mst. Tai Bibi complainant had given her clothes for sewing and on 11‑6‑1986 she went to his shop to bring her clothes. Applicant asked her to go upstairs and bring clothes from his house at the top of the building. She went and came back and informed the applicant that room is locked. Thereafter, applicant went upstairs and returned. He told complainant to go in the room at the top where his wife is sewing the clothes. The complainant went inside the room where co‑accused Zainuddin was sitting. He forcibly committed Zina‑bil‑Jabr on the complainant. In the meanwhile applicant also reached and tried to commit Zina‑bil‑Jabr on her but she raised cries which attracted Mohalla people who caught the applicant and took him at the police station where Mst. Taj Bibi lodged the report.
It is contended by Mr. Wazir Ali that applicant had gone to the wrong flat, therefore, co‑accused Zainuddin committed rape on her. It is argued that applicant is only charged for the abetment of the offence.
Mr. Syed. Sarfraz Ahmad A.A.‑G. has vehemently opposed the bail and submitted that there was no other room on the top except the house where complainant was directed to go. It is contended that applicant Boota also tried to outrage the modesty of the complainant. He is also responsible for sending Mst. Taj Bibi to a room where co‑accused Zainuddin was already sitting.
There is an allegation in the F.I. R. that applicant directed Mst, Taj Bibi and on his pointation she went to a room where Zainuddin committed Zina‑bil‑Jabr on her. There is nothing on the record to, indicate that there was any other room on the top floor where wife of the applicant sewing the clothes. The learned counsel appearing for the applicant has not been able to point out if there was other house at the place where Mst. Taj Bibi was directed to go. Not only this but the allegation is that after some time applicant also went to this room and locked the door. He tried to commit Zina‑bil‑Jabr but on the cries Mohalla people came and he was apprehended and produced before the police. Presence of Mst. Taj Bibi and applicant Boota is admitted at the Wardat. It is pity that due to the acts of Tailor the alleged victim was subjected to sexual intercourse against her wishes. The case is of serious nature. There is no reason for Mst. Taj Bibi to implicate the accused. I am of the view that this is not a fit case for bail. Application is dismissed.
S. A. /M‑12/ K Application dismissed.
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