1995 P Cr (PLP)
KAURA alias ABDUL AZIZ — Petitioner Versus THE STATE — Respondent
| Citation | 1995 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | KAURA alias ABDUL AZIZ — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1995 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 P Cr (PLP) (KAURA alias ABDUL AZIZ — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sardar Altaf Hussain Khan for Petitioner.
Headnotes / Summary
S. 497(2)
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11
Penal Code (XLV of 1860), S.363
F.I.R. had been lodged after one month's unexplained delay
Hymen of the victim according to her medical examination report had multiple old healed tears and she had no marks of violence on any part of her body
Victim who had attained puberty appeared to have herself gone with the accused and case against him needed further inquiry
Judgment & Decree
Petitioner has applied for post-arrest bail in a case registered against him vide F.I.R. No. 219/94, dated 10-8-1994 under sections 10, 11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 and section 363, P.P.C. at Police Station Shah Jamal, District Muzaffargarh.
2. Briefly the facts of the case are that the petitioner had visiting terms with the complainant and during that time he has been trying to entice away the complainant's minor daughter Mst. Faiz Mai. About a month before. On 10-8-1994, in the absence of the complainant, when Mst. Faiz Mai went out for the purpose of easing herself, there was a cry but then there was a silence. The complainant Ghulam Rasool and his son came out but due to darkness they could not come to know about Mst. Faiz Mai. They suspected that petitioner has taken her away. Next day Shahnaz and Rahim Bakhsh went to Dera Ghazi Khan to search out Mst. Faiz Mai and the petitioner and on return they told the complainant that they had seen the petitioner Kaura and Mst. Faiz Mai at Lari Adda. When they tried to apprehend them. The petitioner Kaura and Mst. Faiz Mai boarded a Rickshaw and made their good escape.
3. It is submitted by the learned counsel for the petitioner that F.I.R. has been recorded after the delay of one month; that Mst. Faiz Mai was medically examined by the Lady Doctor, who found her hymen having multiple old healed tears but there was no fresh tear; that the minority of Mst. Faiz Mai is not only negated from the above fact, but also from the fact that she was immediately after recovery married by her parents; that there were no marks of violence on any part of her body and requests for grant of bail to the petitioner.
4. The contentions raised are opposed by the learned counsel for the State.
5. I have heard the arguments and gone through the file. Admittedly there is an unexplained delay of one month in lodging of F.I.R. Mst. Faiz Mai examined by the Lady Doctor found her hymen having multiple old healed tears, but there was no fresh tear. Medical examination report also reveals that there were no marks of violence on any part of body of A Mst. Faiz Mai. The facts of the case transpires that she has attained puberty and she went herself with the petitioner to somewhere. This makes the case doubtful and that of further inquiry. This being the position, the petitioner is admitted to bail, subject to furnishing his bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Muzaffargarh.
6. The observations made in this order shall not affect the merits of the case. N.H.Q./K-178/L Bail allowed.