1995 P﷓Cr (PLP)

S. 498

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11

Pre-arrest bail, grant of

Alleged abductee was also in attendance had stated that she had voluntarily and validly married the male accused and in proof thereof a copy of Nikahnama was tendered

According to medical certificate abductee was a major girl who was living with the male accused as his legally-wedded wife since the date of her Nikah with him-- Female accused appeared to have been unnecessarily roped in being sister of male accused

Investigation was complete and no recovery was to be made from the accused

Keeping of the accused including a female in detention in anticipation of their conviction or as a measure of punishment did not seem to be fair as no purpose of prosecution would be served thereby

Interim pre-arrest bail allowed to accused was confirmed in circumstances. M.A. Zafar for Petitioners. Hurmat Bibi and Wali Mohammad, daughter and son of Shah Muhammad had involvement in a case under sections 10/11, Offence of Zina: (Enforcement of Hadd) Ordinance VII of 1979, registered on 16-6-1994, at Police Station Thikriwala, District Faisalabad, at the instance of one Mohammad Ramzan, the allegation being that, his minor daughter Shabiran Bibi had been abducted away by Wali Mohammad, with the help of his sister Hurmat Bibi, for an immoral object, earlier on 6-6-1994, when she (Shabiran) was seduced by Hurmat Bibi accused and brought outside in the fields, from where in a car she was taken towards Pacca Anna by Wali Muhammad, with the help of one Abdul Shakoor. This was witnessed by Muhammad Akram and Abdul Majeed. The complainant approached the accused, through a Panchayat for restoration of the girl. They promised but continued putting off, on one pretext or the other, and-ultimately he had to report the incident to the police. This explains the delay in the registration of the case.

2. The plea taken up by Wali Muhammad accused is that he had lawfully married Shabbiran Bibi on 13-6-1994, and the allegation of abduction has been made m a mala fide manner. Shabbiran, it is averred, had actually been engages with him and willingly she had contracted marriage with him (Wali Muhammad), who as such did not stand in need of assistance of any one else for either taking away Shabbiran Bibi or keeping her with him, over any length of period. A perusal of the F.I.R. narrative reveals that even according to the complainant, Wali Muhammad was Shabbiran's Mangaiter, and in exchange Wali Muhammad's niece, aged about 10-11 years, had to be given in marriage to Muhammad Ramzan complainant's son Muhammad Ashraf: The complainant says that he changed his mind and three months before registration of the case he made it known to Wali Muhammad that he was averse to his marriage with Shabbiran Bibi. He however was adamant that he would marry his Mangaiter and he therefore caused her removal from the house in the afternoon on 6-6-1994.

3. It is denied that the alleged occurrence had taken place on 6-6-1994. The incident has been ante-dated, according to the accused, in order to show that the marriage claimed by Wali Muhammad had been performed much later and his cohabitation with the girl, prior to marriage and after her abduction, would constitute an offence punishable under the Hudood Laws. Shabbiran Bibi is also in attendance and she states to have joined her mangaiter of her own accord and pleads to have voluntarily and validly married him. A copy of the Nikahnama dated 13-6-1994 has also been tendered in proof of this claim. A medical certificate has been submitted in support of the plea that Shabbiran Bibi is a major girl and not minor, as has been stated in the F.I.R. She has been living with Wali Muhammad as his legally-wedded wife since 13-6-1994. If the complainant is able to establish in the course of investigation, and afterwards in trial, that Wali Muhammad had actually abducted away the girl some time before his marriage with her or that she has not attained puberty, the accused would get their due. It appears that Hurmat Bibi has unnecessarily been roped in, being sister of Wali Muhammad, who, even according to the complainant, is the main culprit. From her appearance also Mst. Shabbiran looks to be a girl aged about 18/20 years, and the observations recorded in her medical examination by the Lady Doctor also furnish a similar indication.

4. Mst. Shabbiran has not been arraigned as an accused. In so far as Wali Muhammad and Hurmat Bibi accused are concerned, no recovery is to be made from them, and the process of investigation has come to a close. On submission of challan the trial will take place, and it is not known when will the trial commence and conclude. It appears, it would be unfair to keep the accused persons, including a female, in detention, in anticipation of their conviction or as a measure of punishment. No purpose of the prosecution would be served thereby. The accused had been allowed anticipatory bail by my learned brother, Sh. Ijaz Nisar, J. on 4-7-1994. I proceed to confirm the pre-arrest bail. The petition is disposed of. N.H.Q./H-137/L Pre-arrest bail allowed.