1998 PLP 1207 (MLD)

Hafizur Rehman, District Attorney for the State.

1. This single Order will dispose of the abovementioned three Bail Applications Nos. 19, and 20 of 1997 presented by Malik Haq Nawaz, Advocate and Bail Application No. 23 of 1997 presented by Mr. Sher Wali Khan (Yasini) Advocate, as all of them arise out of one and the same F.I.R.

2. The prosecution story as narrated in the written report submitted by Mst. Fatima (Keiko) a Japani lady, who runs a hotel in Gilgit known as 'Tourist Cottage' went to the Police Station Gilgit on 9-5-1997 and made a report to the effect that on the previous night i.e. 8-5-1997 at about 10 p.m. she was present in her hotel and after taking dinner, one Bilal resident of Astore, who is an employee of her hotel entertained her with a cup of green tea; that half an hour after taking green tea, she felt drowziness and in front of her bed-room, in another room servants of the hotel namely Din, Bilal and one other fellow, who is a driver by profession and his name is not known to her, but she could easily identify him if brought before her and all the abovementioned three persons were singing song; that in state of same-consciousness, she entered her bed room and proceeded towards bath and closed the door from inside, while she forgot to chain the door of her bed-room from inside and went to bed and became unconscious. In the meanwhile, a person came to her bed and started teasing her, to out-rage her modesty; that the complainant in state of unconsciousness shouted in Japani language (for help) at this, the said person threatened her to remain quiet and at the same time pressed her throat; She identified by the voice that it was the driver, who was out-raging her modesty. Thereafter, all the three persons committed a gang rape on her person one by one; that she was under the influence of that medicine, which was administered to her by mixing the same in the green tea, on account of which she had become unconscious and she gained consciousness on the following day and thereafter, she submitted the written report to Buzruk Shah S.H.O. Police Station Gilgit.

3. On the written report of Keiko, the Investigating Agency came in motion and registered a case under section 6/10, Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 354/34, P.P.C. vide F.I.R. No. 36 of 1997 and effected the arrest of the accused.

4. I have heard learned Counsel for the accused/petitioners and the District Attorney on behalf of the State and also perused the file. Muhammad Din accused/petitioner and accused Bilal (not petitioner before the Court) are directly charged in the F.I.R. by the complainant herself, while their co- accused/petitioners Rashid Ahmad and Mahboob Alam were identified by Keiko lodger of the report in regular identification parade. Besides this, the recovery of 3 Ativan tablets was also made by the police from accused/petitioner Muhammad Din in the presence of Ghulam Karim and Akhtar Hussain, marginal witnesses. Apart from this, Din and Mahboob Alain, accused/petitioners have made inculpatory confessions before the Magistrate, that they alongwith their co -accused Rashid Ahmad petitioner and Bilal (not petitioner) had committed rape on the person of Mst. Keiko.

5. As it is a bail matter and only tentative assessment is to be made and one should not sift the entire evidence at this stage.

6. Keeping in view the inculpatory confessional statements of accused/petitioners Muhammad Din and .Mahboob Alain, coupled with the recovery of 3 Ativan tablets during the personal search of Muhammad Din accused by the Police in the presence of Ghulam Karim and Akhtar Hussain, marginal witnesses, prima. facie, the accused/petitioners are connected with the alleged offence, I, am, therefore, not inclined to allow bail to the accused/petitioners. The result is that the applications for grant of bail stands, rejected. H.B.T./33/Gilgit Petition dismissed.