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JEHANGIR versus STATE


Criminal Code of Conduct (CRPC) Section 497 found guilty by seven cops for falsifying crime

1987 P C r. L J 964

[Lahore]

Before Ijaz Nisar, J

JEHANGIR‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 268/B of 1987, decided on 11th February, 1987.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 11‑‑Bail, grant of‑‑Further inquiry‑‑Solitary statement of prosecutrix alleging commission of Zina‑bil‑Jabr with her‑‑No other evidence available to prove allegations‑‑ Seven co‑accused found innocent by Police‑‑Medical evidence not supporting statement of prosecutrix‑‑No independent corroboration available of testimony of prosecutrix‑ Unexplained delay of 28 days in reporting matter to Police‑‑Case, held, was of further inquiry‑‑Bail granted in circumstances.

Lal Khan Baluch for Petitioner.

ORDER

Jahangir petitioner seeks bail in a case under Articles 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

The prosecution is that on 16‑8‑1986 Jahangir and four others abducted Mst. Kaneez aged 19 years and later took her to various places and subjected her to Zina‑bil‑Jabr. On 19‑8‑1986 she was able to get herself released and came back to her house and informed her father. She got herself medically examined on 23‑8‑1986. The petitioner was arrested on 3‑11‑1986.

2. It is stated that the case is based on false allegations and co‑accused of the petitioner have been found innocent and further that excepting the solitary statement of Mst. Kaneez there is no other evidence to prove the commission of Zina‑bil‑Jabr with her. Her statement was not considered true in respect of 7 co‑accused who have been fount innocent. It is further stated that the medical evidence does not support her because no marks of violence were found on her person. It is stated that there is no independent corroboration of her testimony against the petitioner. It is further stated that there is an unexplained delay of about 28 days in reporting the matter to the police.

Keeping in view the circumstances discussed above, it is a easel of further inquiry. Accordingly, I admit the petitioner to bail in the sum of Rs.10, 000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Chiniot.

S. A. /J‑2/L Bail granted.

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