1993 PLP 1174 (MLD)

It is a case under section 10/18, Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P.S. Burjwala, District Sahiwal, on 30-7-1992, Kishwar Bibi being the complainant, upon whom an attempt at commission of rape allegedly was made by Parvez accused, with the help of Ahmad Yar co-accused, when she was alone in her house, during day-time, the incident having occurred 15/ 16 days before the date of registration of the case. He could not succeed in satisfying his sexual lust, as the lady's father-in-law and husband reached there, on hearing the alarm raised by her, and on seeing them the accused persons made good their escape.

2. It has been explained in the F.I.R. that the accused had been soliciting sympathy of the family members of the complainant with a request to spare them and this had delayed registration of the case against them. Normally it must be treated to be as inordinate delay, having been caused. in reporting a very serious incident to the police, but it is also well known that people avoid approaching the police in such matters for the sake of their family honour, and keeping in view the bitter experience of extremely insulting attitude, which the police adopts, on being approached in a case like this. If it has been false narration of facts, there was nothing to prevent the lady to say that the alleged incident had occurred on the same day, when she had not practically been molested or ravished, and medical examination also was not needed, in the circumstances. It appears that she gave a truthful account of what had actually happened with her. 3. 1 would also entirely agree with the learned Sessions Judge that even to wreak vengeance upon an avowed enemy, nobody would exploit the name of a female member of the family and imperil her family name, or her modesty, and earn for the family life-long ignominy, and the likelihood of false implication or malicious prosecution, in a case of this nature, thus, can safely be excluded. It has also been observed, and rightly so, that timely intervention of the family members had saved the complainant's chastity and honour, otherwise the main accused might well have accomplished his devilish designs, with the assistance of his accomplice.

4. It is a recent incident, and keeping in view its heinousness, the principal culprit does not deserve any indulgence. The mere fact that he could not commit Zina-bil-Jabr with the complainant, and she remained safe, would not warrant any lenient treatment for a person who is involved in a monstrous act of moral turpitude, for commission of which he has been found guilty in 8 investigation, soundness of which exercise is spelt out from the fact that the other person, who is said to have only aided the main man, and facilitated the commission of an unholy act, has been declared innocent and placed in Column No.2 of the challan form. The bail petition is dismissed. N.H.Q./M-872/L Bail refused.