1984 P Cr (PLP)

Abdul Aziz Qureshi for Petitioners. M. Saleem Shad for the State. Date of hearing: 19th November, 1983. Jalal Masih and Buta Masih petitioners have moved this petition for bail in a case registered against them and others under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. According to the F.I.R. which was lodged on 6-7-1983 at about 8 P.m., co-accused Mst. Inayat Bibi and Rani took away Mst. Shabnam alias Raashida, daughter of Nazir Masih complainant and handed her over to the petitioners.

2. On 11-7-1983, Mst. Shabnam alias Raashida made a statement under section 164, Cr.P.C. wherein she stated that Mst. Inayat Bibi and Rani took her out of her house where the petitioners also came. They used force, threatened her with a knife and took her to a Chak near Sahiwal where she was kept for one month. Thereafter Jalla (Jalal petitioner) left and through him she sent a message to her parents that she was in that Chak. Thereafter, her uncle Muhammad Ahmad accompanied by Jalla came to that Chak and took her away and later produced her at the police station.

3. The learned counsel for the petitioners contends that there is no allegation of rape against the petitioners and the material available on the record does not show that the alleged abduction was for the purpose of illicit intercourse. He submits that the petitioners have been falsely implicated due to enmity between the parties. The learned State counsel submits that the offence of abduction was complete as soon as Mst. Shabnam was forcibly taken away by the petitioners and the offence being punishable with life imprisonment, they are not entitled to the concession of bail.

4. I have gone through the relevant material. In her statement under section 161, Cr.P.C. the alleged abductee stated that after Mst. Inayat Bibi and Mst. Rant had taken her out of her house both the petitioners came there at 9/10 p.m. and forcibly took her away in taxi-car by showing a knife. She did not level any allegation of rape in this statement. In her statement under section 164, Cr.P.C. she stated that both the petitioners came there at 9/10 p.m. used force ( UNHON NE MERE SATH ZABAR DASTI KI) and showing a knife took her to a Chak near Sahiwal in a taxi-car. According to her, she was kept in the Chak for a month. There is no specific allegation that she was subjected to Zina. The learned Additional Sessions Judge was of the view that the statement reproduced above in Urdu indicated that she was subjected to sexual intercourse by the petitioners. At bail stage such an observation was not called for. On enquiry, Sardar Muhammad, A.S.I. states that Mst. Shabnam alias Raashida was not medically examined for ascertaining whether she was subjected to Zina or not because there is no allegation of Zina. The petitioners are in jail for the last about four months keeping in view all the circumstances of the case, I admit them to bail in the sum of Rs.20,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Sheikhupura. S.G.D. Bail granted