Find a Lawyer

Criminal Miscellaneous No. 194/13 of 1987, decided on 8th February, 1987.

‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance(VII of 1979), Ss. 10 & 16‑‑Bail, grant of‑ ‑Prosecutrix kept in the house of one of accused for 1‑1/2 months and co‑ accused committed Zina with her‑‑One of accused although not named in F.I.R. yet allegedly visiting prosecutrix in village where she was confined and committing Zina with her‑ Prosecutrix having no motive to falsely implicate accused‑‑Bail declined, in circumstances.

Muhammad Aqil Mirza for Petitioners.

Muhammad Asif Khalil for the State.

Date of hearing: 8th February, 1987.

This is a petition for bail on behalf of Muhammad Ali alias Alia, Munawar Iqbal and Manzoor Ahmad petitioners who are involved in a case under sections 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

2. The prosecution version is that on 7‑2‑1986, at about Degarwela Nazar Muhammad complainant returned home and found that his wife Mst. Rasulan was not there. His daughter Shahnaz told him that Mst. Irshad Bibi and Mst. Fatima Bibi visited his house and Mst. Rasulan had accompanied them. He was looking for her when he was informed by Muhammad Akbar and Saeed Muhammad that they had seen Mst. Rasulan boarding a bus with Soni and others. In the F.I.R. the complainant stated that Soni had developed illicit relations with Mst. Rasulan and he had enticed her away with the help of Mukhtar Ahmad etc. for the purpose of Zina.

3. On 26‑3‑1986 she made a statement under section 164, Cr.P.C. wherein she alleged that Mst. Irshad Bibi and Mst. Fatima Bibi took her away from her house on the pretext of making purchases at Mandi Bahauddin. When she reached Hargawala Morr, Munawar Iqbal petitioner and his co‑accused Soni, Ghulam Ali, Mukhtar Ahmad, Sikandar, Saru and Bati took her to the house of Manzur Ahmad petitioner in village Eidal. She was kept there for one and a half months and, during this period petitioners and co‑accused Soni used to commit Zina with her. On the preceding night (night of 25th March, 1986) Munawar petitioner and Soni wanted to take her to some other place and when they reached Ballowal Morr at about sunrise time the police came there, upon which both of them ran away.

4. Learned counsel for the petitioner contends that Muhammad Ali petitioner does not figure in the list of abductors named in the F.I.R. and .statement under section 164, Cr.P.C. nor he was present with the alleged abductee when she was recovered by the police. He further submits that Munawar Iqbal is the real brother of co‑accused Soni who was allegedly carrying on with Mst. Rasulan, therefore, it is unbelievable that he would commit Zina with her. It is further submitted that it is equally unbelievable that Manzoor Ahmad petitioner would commit Zina with her in his own house where his wife Mst. Jallan was also residing. The learned State counsel has opposed the prayer for bail.

5. 1 have gone through the relevant material and considered the submissions made by the learned counsel for the parties. It is true that' Muhammad Ali petitioner is not named as the abductor of Mst. Rasulan', but in her statement she has clearly stated that he used to visit her in village Eidal and had been committing Zina with her. She is not shown to have any motive to falsely implicate him or the other petitioners. She was kept in the house of Manzur Ahmad petitioner for one and a half months. Co‑accused Soni and Munawar Iqbal petitioner were taking her away to some other place when police arrived at Ballowal Morr. In the circumstances, no ground for the grant of bail is made out at this stage. The petition is dismissed.

S.G.D./M‑103/L Bail refused.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.