2016 PLP 307 (MLD)

SHAHID HAMEED DAR, J.

The allegation against the petitioner, Faryad Ali alias Muhammad Nawaz is that he in absence of the complainant-lady, entered her house with a pistol in hand where he made an attempt to rape her daughter Mst.Yasmin aged 14/15 and broke string of her shalwar in the process; on raising alarm by her daughter, Javed Iqbal and Asif Ali reached the spot and on seeing them, he slipped away.

2. The complainant rendered a supplementary statement on 09.05.2014 whereby she amended the allegation by alleging that the accused had ravished her daughter. The alleged victim who in her first statement under section 161, Cr.P.C. supported the story of FIR as such, also improved upon her previous version by rendering another statement under section 161, Cr.P.C. on 09.05.2014 with the contention that the accused had committed rape upon her. She was medically examined by the women medical officer on 08.05.2014 and findings recorded by her were in line with the changed version of the complainant and that of the alleged victim, but with the remark that it was an old case of rape.

3. After hearing learned counsel for the parties and perusing the record, it is observed that complainant reported the matter to the police through a written application about 21 hours after the alleged occurrence wherein she categorically alleged that Muhammad Nawaz accused had attempted to rape her young daughter but failed as witnesses on hearing the alarm timely reached the place of occurrence which made him runaway. The witnesses, Muhammad Asif, Muhammad Javed and the alleged victim, Mst.Yasmin recorded their statements under section 161 Cr.P.C., the same day whereby they all supported the FIR-story. The complainant-lady however took a changed stance when she rendered supplementary statement on 09.05.2014 with the assertion that the accused had forcibly raped her daughter but she being in a state of shock and fear merely alleged that he had made an attempt to violate her daughter. The alleged victim also rendered a similar statement, like that of her mother on 09.05.2014. The above named witnesses followed the same line in their secondary statements to the effect that the accused- petitioner had committed zina-bil-jabr with the daughter of the complainant. This is a queer situation. Which of the statements, the first one or the secondary, of the complainant, the alleged victim and that of the eye-witnesses is correct cannot be pointed to at this stage. Besides the alleged victim was medically examined on 08.05.2014, fourteen days after the alleged occurrence and women medical officer found it an old case of rape as hymen of the examinee was torn at multiple places and looked healed old. It may be gathered from the alleged victim's medico legal report that she was accustomed to the act of coitus. Who knows that it may be a consenting affair, as to involvement of the petitioner in sex play with the alleged victim. The probability cannot be ruled out that the petitioner may have been falsely involved in this case due to maliciousness and mala fides on the part of the complainant. Therefore, this application is allowed and ad interim bail granted to the petitioner vide order dated 23.05.2014 is confirmed subject to furnishing fresh bail bonds in the sum of Rs.2,00,000/- with one surety in the like amount to the satisfaction of the learned trial court. MH/F-25/L Pre-arrest bail confirmed.