1994 PLP 1776 (MLD)

The petitioner who is involved in a case under sections 10 and 11 of Ordinance VII of 1979, arising out of F.I.R. No. 271/93, dated 6-9-1993, registered at Police Station City Muridke, seeks to be admitted to bail.

2. As per F.I.R., the petitioner is alleged to have enticed away Mst. Sajida for the purpose of Zina.

3. Learned counsel for the petitioner contended that the petitioner married Mst. Sajida with her own consent, vide Nikahnama dated 25-8-1993, which was performed before the registration of the case. He further contended that the girl being major and sui juris, the petitioner has not committed any offence, because according to the Matriculation certificate the girl was born on 184-1977 and according to the medical certificates, she has attained puberty, as she was found menstruating, when she was examined by the lady doctor after her recovery on 15-9-1993, hence in the presence of this material the case against the petitioner is one of further inquiry, as it would be determined after the recording of some evidence, whether the abductee was adult at the time of Nikah or not, so the petitioner is entitled to the grant of bail.

4. Learned counsel for the State assisted by the police officer, has opposed this petition on the ground that the petitioner enticed away the minor girl Sajida whose date of birth is 10-8-1980, hence she was not in a position to give consent to marriage without the intervention of her parents, so the Nikah is not valid in the eye .of law and the petitioner is not entitled to bail.

5. I have heard the learned counsel for the parties and have perused the record. Admittedly, the Nikah is not in dispute. The only question which requires determination in this case is whether the girl was adult or not in view of the definition contained in section 2(a) of the Ordinance. As the girl was found manstruating at the time of her examination and according to the Matriculation Certificate was born on 18-7-1977, hence prima facie, the girl was major, hence the case against the petitioner is one of further inquiry. However, it would be for the trial Court to determine after the recording of some evidence, which of the documents, is correct and genuine one. In this view of the matter, the petitioner is admitted to bail in the sum of Rs. 50,000 (fifty thousand with one surety in the like amount to the satisfaction of the A.C.), Ferozewala. N.H.Q./A-605/L Bail granted.