1999 P Cr (PLP)

Ch. Manzoor Hussain Basra for Petitioner. Ashtar Abbas for the State. Ijaz Ahmad Chaudhry for the Complainant. A case under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 343, P.P.C. is registered against the petitioner at Police Station Lundianwala, District Faisalabad on the ground that he committed Zina-bil-Jabar with his sister-in-law Mst. Shahida while she was taken to his house on the pretext that her sister i.e. wife of the present petitioner was ill. According to the F.I.R., she was taken by the petitioner to his house on the pretext that his wife Mst. Firdous was ill. However, on reaching home at about 12-00 in the night on 5-5-1998, the petitioner took the victim Mst. Shahida to a nearby room alongwith his wife Mst. Firdous. The latter was tied on a cot with the string and after holding out a pistol, he committed Zina-bil -Jabr with aforesaid Mst. Shahida. He also got executed two stamp papers from Mst. Firdous on pistol point and after locking the door from outside went out. For about I R days, the petitioner had been persistently subjecting the victim to Zina-bil-Jabr. On 21-5-1998, another sister of the victim Mst. Rukhsana Bibi came to the house of the petitioner to enquire about the complainant and her sister but in her presence also. the victim was subjected to Zina-bil-Jabr by the petitioner. Anyhow all the three sisters managed to escape on 22-5-1998 and reached their mother's house.

2. Learned counsel for the petitioner has submitted that though the occurrence had taken place on 5-5-1998 and all the three sisters including the complainant Mst. Shahida had escaped from the house of the petitioner and had reached their mother's house on 22-5-1998 but the F.I.R. was lodged on 10-6-1998 with the delay of about three weeks. It was, therefore, contended that the case has been concocted to trap the petitioner falsely. It was further contended that sister of the complainant namely Mst. Firdous was married with the petitioner but she obtained divorce from him and thereafter, Mst. Shahida married with the petitioner on 5-5-1998 vide Nikah deed (Annexure "A"). It was, therefore, contended that a false story was concocted to involve the petitioner as in fact there was some dispute regarding custody of some child. It was accordingly prayed that the petitioner be admitted to bail as there is a Nikah between the petitioner and the complainant.

3. Learned counsel for the State, assisted by learned counsel for the complainant contended that delay in the registration of case is not material because the police did not register the case except when the wife of the petitioner namely Mst. Firdous had filed Writ Petition No.10225 of 1998 upon which an order was made on 5-6-1998 directing the police concerned to register the case. It was in pursuance of the order of the High Court that the case was registered and as such, the delay in lodging the F.I.R. would not affect the merits of the case. It was further contended that during the investigation, it was found that the Nikah relied upon by the petitioner was bogus one and was prepared as a result of forgery for which offence under section 420/467/468/471, P.P.C. were added by the last Investigating Officer i.e. D.S.P., that the challan has already been sent to the Court after completion of investigation in which the petitioner was found guilty.

3. I have considered the foregoing submissions and find that the allegation against the petitioner is that he subjected to Zina-bil-Jabr his own sister-in-law Mst. Shahida i.e. the complainant who was hardly about 16 or 17 years of age and student of 10th Class. Not only that, but he continued raping her for continuously 18 days after locking her in a room with her sister. Since the Nikah acclaimed has been found to be bogus during the police investigation, therefore, prima facie, the petitioner has no case for bail at this stage. The petition is accordingly dismissed. Q.M.H./M.A.K./M-984/L Bail refused.