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Criminal Miscellaneous No. 2536/B of 1986, decided on 22nd October, 1986.
‑‑‑S. 497(5)‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10/11‑‑Bail, cancellation of‑‑Birth certificate of abductee showing that at time of alleged abduction she was fifteen years and 4 months old‑‑Statement by abductee before Court that she was menstruating for last three years and had contracted marriage with accused of her own free will after embracing Islam ‑‑Trial Court, held, had not violated any principle while granting bail to accused‑ Application for cancellation of bail dismissed in circumstances.
J.V. Gardner for Petitioner.
Ghulam Ali Mubashar for Respondents Nos. 1 and 2.
Ashfaq Bokhari for the State.
Noori Masih petitioner had moved this petition for cancellation of bail allowed by the learned Sessions Judge to Muhammad Yunus and Mst. Bedi respondents in a case under Articles 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. The prosecution version is that on 1st August, 1986 Noori Masih complainant returned home at 5‑30 p.m. and found that his daughter Mst. Shehnaz Bibi, aged 13/14 was missing. He was informed by other children that one and a half hours earlier Mst. Bedi had taken her away. The complainant went to the house of Mst. Bedi but it was closed. During the search Sarfraz and Nanna P.Ws. told him that they had seen Mst. Shehnaz Bibi in the company of the respondents who were going towards the bus stand. In the F.I.R. it was alleged that the respondents had enticed away Mst. Shehnaz Bibi for illicit purpose.
The order of the learned Sessions Judge shows that Mst. Shehnaz was allowed to meet her father and other relatives and they had a talk with her in Court whereafter she made a statement before the learned Sessions Judge that she had embraced Islam and contracted marriage with Muhammad Yunus of her own free will.
3. Learned counsel for the petitioner contends that at the time of occurrence Mst. Shehnaz was fifteen years of age, therefore, she could not legally consent to her marriage and the facts and circumstances indicate that that her conversion to Islam was mala fide.
Learned counsel for the respondent, on the other hand, submits that Mst. Shehnaz is sui juris and she has embraced Islam and contracted marriage with Muhammad Yunus of her own free will, therefore, bail was rightly allowed.
4. I have given my careful consideration to the submissions made by the learned counsel for the parties. The petitioner has produced a copy of the birth‑entry of Mst. Shehnaz which shows her date of birth as 11‑4‑1971, meaning thereby that at the time of alleged abduction she was fifteen years and four months old. She made a statement before the Court' that she was menstruating for the last three years and had contracted marriage with Muhammad Yunus respondent of her own free will after' embracing Islam. The learned Sessions Judge thus does not appear to have 1987 violated any principle while granting bail to the respondents. This petition is, therefore, dismissed.
M.Y.H./N‑16/L Bail cancellation refused.
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