2009 PLP 171 (MLD)

KHURSHID ALI BHINDER, J.

The petitioner seeks confirmation of ad interim pre-arrest bail already granted to him by this Court on 23-5-2008 in case F.I.R. No.14, dated 2-4-2008, registered under section 365-B, P.P.C. at Police Station Tarkhana Mureeda Tehsil Shakargarh, District Narowal. 2 Precise allegations against the petitioner as narrated in the F.I.R. are that he along with his family members had abducted Mst. Iqra Bibi and had subsequently subjected her to Zina-bil-Jabr.

3. Learned counsel of the petitioner submits that there is an un explained delay of ten days in lodging of the F.I.R. and there is two months delay in conducting medical examination of the abductee, meaning thereby that medical examination is absolutely insignificant and inconsequential. He further submits that the alleged abductee has stated before the Magistrate in her statement recorded under section 164, Cr.P.C. that nobody had abducted her and nobody had committed Zina- bil-Jabr with her as well. There is no direct eye-witness account of the alleged occurrence. Moreover, the abductee was not recovered from the custody of the petitioner. He lastly submits that report of the Chemical Examiner is also in negative, which falsifies the story narrated in the F.I.R. In this regard he has relied upon (2007 PCr.LJ 1802).

4. Learned counsel for the complainant has vehemently opposed bail application of the petitioner and submits that the delay in lodging of the F.I.R. is very well explained as the complainant had been, going to the house of the petitioner and his family asking them to return the abductee Mst. Iqra Bibi, therefore, delay was caused in this process. The alleged abductee was minor at the time of occurrence as well as at the time of medial examination. He further alleges that at the time of occurrence, the present petitioner had not only abducted Mst. Iqra but had also removed Rs.1000 and Mobile Phone from her place of residence. He lastly submits that recovery is yet to be effected from the petitioner, therefore, he is not entitled to be allowed bail at this stage.

5. Learned APG also opposes bail application of the petitioner and submits that the petitioner is required for the recovery process, however, after consulting the record, he submits that there are material contradictions in the statements of the abductee. As regards guilt or innocence of the petitioner, no definite findings have so far been given by the Investigating Officer.

6. I have heard the learned counsel for the petitioner, learned counsel for the complainant as well as learned DPG and have also perused the record. There is no denying the fact that the petitioner is nominated in the F.I.R. with specific role. I am afraid, story narrated in the F.I.R. and the statement made by the alleged abductee before this Court seems absolutely unnatural, implausible and unreasonable for the reason that practically it is not possible for any person to abduct anybody in the presence of his family members. In the instant case, Mst. Iqra Bibi was abducted by the petitioner in the presence of his mother and sisters and was subsequently removed to the residence of the petitioner. The abductee has very clearly stated before this Court that she was being subjected to sexual intercourse by the petitioner while being at his place of residence in the presence of his mother and rest of the family members. Logically speaking narration of the abductee seems absolutely implausible, because it is practically not possible for anyone to commit Zina-bil-Jabr with anyone in the presence of the family members. How bad may be the family members are but it is not possible in our society and culture for anybody to commit Zina-bil-Jabr in the presence of his sisters and mother at his house. In certain cases exceptions are there but the observations and findings are always given by the courts on the basis of general practice and the system prevailing in the society. There is a delay of ten days in lodging of the F.I.R., therefore, possibility of deliberations cannot be ruled out. Moreover, the abductee had very clearly stated before the Magistrate in her statement under section 164, Cr.P.C. that nobody had abducted her and she had left the house of her parents with her own consent and she also stated that nobody had committed Zina-bil-Jabr with her as well. Learned APG after perusing the record also endorses the arguments advanced by the learned counsel for the petitioner that there are material contradictions in the statement of the abductee, because as per her statement she has stated that when she was transmitted onwards to one Muhammad Afzal, who had also committed Zina-bil-Jabr with her but on the contrary she had sworn an affidavit that no such occurrence had ever taken place and she had controverted her earlier statement. As far as the medical examination is concerned, I am afraid it is absolutely insignificant and inconsequential for the reason that medical examination of the abductee was conducted two months after the occurrence. Hence, the report of the Chemical Examiner is also inconsequential in this respect because there is no significance of the medical examination which is conducted much later than the occurrence. Moreover, there is no direct evidence of independent witnesses of the locality regarding the commission of the said offence.

7. Under the circumstances, petitioner's case is that of further inquiry into his guilt. I, therefore, confirm his ad interim pre-arrest bail already granted to him by this Court no 23-5-2008 subject to his furnishing fresh bail bonds in the sum of Rs.50,000 with two sureties in the like amount each to the satisfaction of the learned trial Court/Illaqa Magistrate. Petition stands disposed of. N.H.Q./Z-25/L Bail allowed.