1986 P Cr (PLP)

A.G. Chaudhry for Petitioner. Malik Mehmud Majid for the Complainant. Aftab Sherazi for the State. Date of hearing: 2nd February, 1986. Muhammad Sarwar petitioner has moved this petition for pre‑arrest bail in a case registered against him under Article 10 of the Offence of Zina (Enforcement of Hudood) Ordinance,1979. The prosecution version is that on 14th December, 1985 at 8 a,m. Mist. Sakina Bibi and her mother went to a sugarcane field in order to ease themselves. The petitioner, who was following them held Mst. Sakina Bibi from her arm when she started back and committed Zina‑bil‑Jabr with her in the said field. On her alarm, her mother Mst. Aisha Bibi. Akbar Ali and Bashir Ahmad got attracted. On seeing them, the petitioner fled away from the spot: During the occurrence the 'shalwar' and shirt of Mst. Sakina Bibi got torn. She reported the occurrence to the police on 15th December, 1985.

2. Learned counsel for the petitioner contends that it is not possible to believe that the petitioner would commit Zina‑bil‑Jabr in the same field where the mother of Mst. Sakina Bibi was also present. He further submits that there is a delay of 27 hours in lodging the F.I.R., the medical evidence does not support the prosecution and the petitioner has been falsely implicated due to party‑faction in the village. Learned counsel for the complainant and the State have opposed the prayer for bail. They submit that the complainant's version finds substantial support from the medical evidence and the report of the Chemical Examiner, according to which the swabs and the clothes of Mst. Sakina Bibi were stained with semen. It is further submitted that it is impossible to believe that an unmarried girl would level a false allegation of this type so as to falsely implicate a person with whom she had no enmity.

3. I have gone through the relevant material and given my careful consideration to the submissions made by the learned counsel for the parties. Mere delay in lodging the F.I. R. does not constitute any ground for the grant of bail. The prosecution version finds support from the medical evidence and the reports of the Chemical Examiner. The lady doctor has opined that Mst. Sakina had been subjected to sexual intercourse. According to the reports of the Chemical Examiner, A the vaginal swabs and clothes of Mst. Sakina (shirt and Shalwar) were stained with semen, Mst. Sakina is not shown to have any motive for false implication. Prime facie there is substance in the contention that an unmarried girl would not level a false allegation of Zina‑bil‑Jabr to falsely implicate a person with whom she had no enmity. In the circumstances, no case for the grant of extraordinary concession of pre‑arrest bail is made out. The petition is dismissed. S.G.D. Petition dismissed.