2010 PLP 450 (YLR)

M. A. ZAFAR, J.

Asad Shah petitioner seeks post-arrest bail in case F.I.R. No.79/08, dated 7-4-2008 registered with Police Station Saddar Hassan Abdal, District Attock at the instance of Mst. Shamsa Rani a student of 3rd Class under sections 376/511, P.P.C.

2. The facts of the case are that complainant Shamsa Rani lodged F.I.R. at Police Station, Safdar Hassan Abdal with the allegation that she is of ten years of age and student of class III at Model School Kot Sundki and today she was returning to her house after attending school when on the way at about 2-00 p.m. near Ziarat Baba Pir Bukhari accused Asad Shah who was already present there after catching hold of complainant from her arm took her to a deserted place and after removing her Shalwar committing Zina-bil-Jabr with her and afterwards gave Rs.50 and threatened that she will be killed if informed anybody about this occurrence. Her mother Mst. Raj Bibi who works in the house of Haji Ayub Shahid at Wah Cantt. when returned back in the night the matter was brought to her knowledge and thereafter the case was registered against the accused.

3. It is contended by learned counsel for the petitioner that there is delay of eight hours in lodging the F.I.R. and the allegations committing Zina-bil-Jabr levelled in the F.I.R. are neither borne out from the Medico-Legal Report of Mst. Shamsa Rani nor from the negative report of Chemical Examiner.

4. On the other hand, learned D.P.-G. submits that parties are inter se related and a minor girl has no reason to falsely implicate the petitioner, who is a young boy of 18/19 years of ago.

5. After hearing learned counsel for the parties and perusing the record I find that delay in lodging the F.I.R. has been explained in the F.I.R., which was lodged when her mother Mst. Raj Bibi, who works in the house of Haji Ayub Shahid at Wah Cantt., returned back in the night to her home and thereafter the F.I.R. was lodged. There is nothing on record about any ill-will or strained relations of the parties prompting Mst. Shamsa Rani a minor girl of 10/12 years to level false allegation against the petitioner. The effect of the Medico-Legal Report and report of Chemical Examiner will be considered during the trial after evaluating the evidence produced by the parties. For the time being, if it is considered to be a case of attempt to commit Zina even then, it falls within the prohibitory clause of section 497(1), Cr.P.C. The police during the course of investigation has found the petitioner guilty and challan has been submitted in the trial Court in which charge was framed on 16-7-2008 and now the case is fixed for recording the prosecution evidence.

6. For what has been said above, there is no good ground to release the petitioner on bail, resultantly, this bail petition is dismissed. However, it is found that petitioner is in custody since 8-4-2008, therefore, the learned trial Court is directed to conclude the trial in this case on or before 30th April, 2009. Compliance report be submitted through Deputy Registrar (Judl.) of this Bench. H.B.T./A-288/L Bail refused.