2007 PLP 1743 (YLR)

IJAZ AHMAD CHAUDHRY, J.--Through this application under section 497, Cr.P.C. Muhammad Ramzan (petitioner) seeks post-arrest bail in case F.I.R. No.139 of 2005, dated 11-5-2005, registered under section 10 Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 at Police Station Narang Mandi, District Sheikhupura on the statement of Muhammad Abbas, the complainant.

2. The brief allegation against the petitioner as alleged in the F.I.R. is that on '12-5-2005 at about 1-00 p.m. he had committed Zina-bil-Jabar with Asia Bibi aged about 8 years (daughter of the complainant).

3. The learned counsel for the petitioner has contended that the petitioner is about 80 years of age, who is also infirm person and case falls within the ambit of first proviso to section 497, Cr.P.C. that the petitioner was arrested on 21-5-2005 and since then there is no progress in the trial that in case the petitioner is granted bail, he will be in a better position to defend his case properly; that if the witnesses had seen him while committing Zina-bil-Jabar then why he was not arrested by them at the spot, which shows that the story of F.I.R. is concocted one; that the case of the petitioner is of further inquiry as he has been falsely implicated in the present case with mala fide intention to get the costly land of the petitioner; which is near to the Motorway; that though the challan has been submitted in the Court yet there is no likelihood of conclusion of the trial in the near future, in support of his contention, he has relied upon "PLD 2004 SC 477", "2006 YLR 99", and "PLD, 2005 Karachi 25".

4. The learned counsel for the complainant has opposed this bail petition on the ground that the charge has been framed in this case, the statement of the victim has also been recorded by the learned trial Court and now the case is fixed for recording of prosecution evidence for 17-6-2006; that the F.I.R. had been got lodged with promptitude and there is sufficient material on the record to prima facie connect him with the commission of crime.

5. I have heard the arguments advanced by learned counsel for the parties and perused the record with due care and caution.

6. The occurrence allegedly had taken place at 1-00 p.m. on 11-5-2005, the victim was medically examined at 5-00 p.m. and F.I.R. had been got lodged on the same day at 6-05 p.m. by the father of the victim Ms. Asia Bibi, who is about 8 years. According to the copy of the M.L.R. attached with this petition, hymen was torn fresh. The doctor also observed that bleeding was oozing from the private part of the victim and three vaginal swabs were taken, which were sent to the office of Chemical Examiner and according to its report, the same were found stained with semen. Similarly, the petitioner was also medically examined by the doctor and found capable to perform the intercourse at this age. In such circumstances, I find that sufficient evidence has been collected by the prosecution against the petitioner to prima facie connect him with the commission of crime. The learned counsel for the petitioner has failed to show any reasonable explanation for false implication of the present petitioner in the present case. Report under section 173, Cr.P.C. has already been submitted in the Court, the charge has been framed and statement of the victim has also been recorded. Now the case is fixed for recording the remaining prosecution evidence. The case-law cited by the learned counsel for the petitioner is not applicable to the present case. The petitioner is guilty of committing sexual intercourse with a minor girl and is not entitled to the concession of bail merely because of old-age. In view of above discussion, the instant bail petition being devoid of any force is hereby dismissed. H.B.T./M-84/L Bail refused.