2017 PLP 980 (YLR)

SYED MUHAMMAD FAROOQ SHAH, J.

Muhammad Sadiq father of Mst. Perveen Bibi, a young woman lodged FIR No. 51/2016 under section 365-B/34, P.P.C. at Police Station Taimuria District Karachi Central wherein he has leveled specific allegation of abduction of his daughter abductee Mst. Perveen Bibi by the accused person, who was later on recovered and in her statement under section 164, Cr.P.C. she has fully implicated the applicant in commission of forcible Zina upon her. She was also medically examined and Medico Legal Officer opined that abductee is not found "VIRGOINTACTA". On completion of usual investigation the accused were charge sheeted by the Investigation Officer under section 173, Cr.P.C. Earlier bail application of similar nature moved before the trial court was dismissed by a detail and elaborate order dated 12.04.2016 passed on Bail Application No. 357/2016 hence being aggrieved the applicant has filed the instant bail application on the grounds raised in it.

2. Arguments heard. Record perused.

3. It is an admitted position that name of accused persons reflects in the FIR; they have also been fully implicated by the abductee in her statement recorded under section 164, Cr.P.C. and her statement regarding act of Zina upon her has fully been established by the Medico Legal Officer. Bail order passed by learned Additional Sessions Judge-I, Karachi Central appears to be well reasoned supported with law and does not requires any interference, more particularly, by direct evidence the victim has fully involved the applicants in commission of alleged offence and no cogent reason of false implication of the applicants can be determined at this premature stage of tentative assessment. The Medico Legal Officer has supported the solitary statement of victim and there was no other eye-witness as victim has categorically stated in her statement under section 164, Cr.P.C. that she was intoxicated and confined in a room where on her refusal to contract marriage with Rahib, she was beaten and sons of Nazar Hussain and other persons committed Zina upon her and on 05.03.2016 applicant Nazar Hussain and two other persons left her adjacent to the cabin of "Chippa".

4. Suffice it to say that tentative assessment of the case reveals that medical report supported the ocular account of victim, which prima facie had implicated the accused persons with the commission of offence of which they are charged with. In the circumstances, the applicants have no case for grant of bail. Insofar as the contention of the learned counsel that one of the applicant Rahib is a juvenile offender is concerned, as per Medico Legal Officer's report available in the police file relating to the subject of determination of age of accused Rahib Hussain, his age was determined to be 17-18 years and he was found fully capable to perform sexual intercourse.

5. Bail application is dismissed. At this juncture submission of the learned counsel for the applicant in respect of issuance of direction to the trial court to expedite the trial by recording the deposition of victim at an earliest, appears to be plausible. Accordingly, trial court is directed to expedite the trial by recording deposition of victim within two weeks after receipt of this order and deposition of remaining PWs be recorded within 60 days. It need not to iterate that under compelling circumstances the trial court may seek further reasonable time for recording deposition of PWs, as mentioned supra.

6. Above are the reasons of short order announced today in the early hours, whereby the captioned bail application was dismissed. JK/N-41/Sindh Application dismissed.