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Criminal Miscellaneous No. 398/13 of 1985, decided on 5th May, 1985.
‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10/11‑‑Bail‑‑Prosecutrix on physical examination found virgin by lady doctor‑‑Accused also contending that Nikah was solemnised and that suit for restitution of conjugal rights was also pending before civil Court‑‑Case covered under proviso (2) to 5.497, Cr.P.C.‑‑Bail granted in circumstances.
Fayyaz Ahmad Shaheen for Petitioner.
Kanwar Muhammad Younas for the State.
Mushtaq Shaida for the Complainant.
Mst. Mukhtar Bibi alias Sabira was examined by the lady doctor and found virgin. The case of the prosecution is that semen was found on the swabs taken and this fact coupled with the statement of he prosecutrix under section 164, Cr.P.C. that the accused had done 'Buri' shows that she was subjected to sexual intercourse forcibly. The fact that the prosecutrix on physical examination was found to be virgin brings the case of the petitioner under proviso (2) of section 497, Cr.P.C. The other plea of the petitioner is that Nikah was solemnised and that suit for restitution of conjugal rights is also pending before the civil Court.
2. In view of the aforenoted factors I am of the view that the petitioner is entitled to bail. He is, therefore, directed to be released on bail on his furnishing bail bond in the sure of Rs.25,000 with one surety in the like amount to the satisfaction of A.C., Rajanpur.
M.Y.H./A‑32/L Bail granted.
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