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Criminal Miscellaneous 1755-B of 1986, decided on 9th July, 1988.
----S. 497-----Offence of Zina (Enforcement of Hudood) Ordinance (VII of, 1979), Ss. 10 & 11----Bail, grant of----Witnesses named in F.I.R. exonerating accused from allegation of abduction Accused two real brothers, one of them wishing to marry abductee---No evidence of Zina available except statement of prosecutrix---Accused in jail for about six months--Story of two reel brothers committing Zina with expected wife of one of them, found improbable----bail granted in circumstances.
Muhammad Hussain Chachhar for Petitioner.
Abdul Aziz Qureshi for the State.
Data of hearing: 9th July, 1986.
A case has been registered at police Station Haveli, District Okara against the petitioners and their parents for having abducted Mot, Allah Rakhi at the instance of .. brother of the abductee. During investigation, after recovery Mst. Allah Rakhi, in her statement under section 184, Cr.P.C. made allegation of commission of Zina by the petitioners with her. She also stated that parents of the petitioners used to guard when the petitioners committed Zina upon her.
The witnesses named In the F.I.R. who had witnessed the act of abduction, in their statements under section 184, Cr.P.C. recorded later, who exonerated the petitioners from the allegation of abduction.
2. The contention of the learned counsel for the petitioners that it seems highly improbable that the two real brothers, one of whom according to the abductee, wanted to marry her, would have committed Zina with her turn by turn within the view of the other to not without force. Except the statement of the abductee and report of the Chemical Examiner, there to no other evidence about commission of Zina. The witnesses named in the F.I.H. In support of the prosecution came for abduction of Mst. Allah Rakhi by the petitioners, have supported the prosecution case.
They are in jail since about six months.
3. In the circumstances, they are directed to be released on bail, provided they furnish ball bonds in the sum of Rs.20,000 each with one surety each, in the like amount to the satisfaction of the Assistant Commissioner, Depalpur.
S.A./ 745/L Bail allowed.
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