1989 PLP 4037(2) (MLD)

Date of hearing: 11th July, 1989. The petitioner is accused of an offence punishable under section 18 of Offence of Zina (Enforcement of Hadd) Ordinance, 1979, vide F.I.R. No. 399 of Police Station Model Town, Gujranwala.

2. Faqir Muhammad, complainant alleged through this F.I.R. that he, alongwith one Ali Muhammad, was on his way home for lunch and just as they were passing from near the shop of Liaqat Alt petitioner, they saw that Liaqat petitioner was sitting in his shop with his SHALWAR taken off and that the daughter of the complainant, namely, Shabnam Kausar, aged about seven years was sitting in his lap and her SHALWAR had also been taken off and that the said child was crying. It was further alleged that on seeing these two. Liaqat petitioner ran away whereafter Shabnam Kausar informed the complainant and Ali Muhammad PW that she had come to the shop of Liaqat accused to purchase toffees and that Liaqat accused took off her SHALWAR and tried to commit sexual intercourse with her at which she had started crying. Mst. Shabnam Kausar had further told the complainant that her SHALWAR had got semen stains. The said SHALWAR was produced before the local police and has since been found to have been stained with semen.

3. Qadeer Hussain SI, present in Court, states that he had originally investigated this case, and had found the above allegations as correct and true. On a statement made by the learned counsel for the petitioner, the said SI however, admits that the investigation was subsequently transferred to the DSP of City Circle, Gujranwala, who had found the case to be false.

4. The shop of Liaqat petitioner is situate in the main bazar and has roads on two sides. The doors of the shop were open when the complainant and All Muhammad PW passed from near the said shop. Both the roads on which this shop is situate are public thoroughfare. It is highly improbable that Liaqat petitioner would be sitting in the said shop, in the condition alleged, without any one seeing him or without the said child trying to attract the child attention of those passing by.

5. It has also been submitted by the learned counsel for the petitioner that an uncle of Liaqat petitioner had lodged a case of attempted rape against one Mushtaq who is a son of the above‑mentioned Ali Mohammad PW. The. Investigating Officer states that the previous comity between the parties never came to his notice during the investigation in spite of the fact that this case of attempted rape stood registered at the same Police Station i.e. Police Station Model Town vide F.I.R. No 243 of 1988.

6. The investigation by Qadeer Hussain SI smacks of inefficiency and lack of honesty. The DIG/SSP of Gujranwala shall personally look into the matter and inquire into the conduct of Qadeer Hussain SI.

7. Since a senior Police Officer i.e. the DSP, has investigated the case and has found the same to‑be false and also in view' of the above appreciation of the allegations, the petitioner is admitted to bail in the sum of Rs. 5,000 with one surety in the like amount to the satisfaction of A.C/Ilaqa Magistrate, Gujranwala.

8. Copies of this order shall be sent to the DIG and the SSP of Gujranwala. S.A./L‑74/L Bail allowed.