Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 10,11,13,14

Criminal Procedure Code (V of 1898)     S. 497(2) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10, 11, 13 14 Bail, grant of No independent evidence was available to the effect that the accused were seen committing Zina bil Raza with each other Case against the accused was registered at the instance of female who was the sole witness of the incident, but her status had been changed from that of witness to an accused According to her latest statement she was the wife of the accused and a child was also born from the wedlock Accused had also admitted the factum of marriage, but according to him he had divorced the complainant Matter was reported to the police after more than one year and eleven months Accused had also placed on record the affidavit of Nikah Khawan as well as other witnesses who had attended the Nikah ceremony of the complainant and the accused Allegation against the accused needed further probe and inquiry and he was admitted to bail.   Malik Muzaffar Qadir Tamim for Petitioner.   Mian Abid Hussain for the State. ORDER Ghulam Hussain, petitioner, through this petition seeks his post¬-¬arrest bail in a case F.I.R. No.399, dated 25 6 1999 registered under sections 10, 11, 13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Jampur, District Rajanpur. 2. The instant case was registered on the statement of Mst. Shazia (now accused). Briefly, the allegations levelled in the F.I.R. are that complainant was deceitfully taken away by two persons/accused namely Mst. Shahnaz and Mst. Akhtari Begum in a Hiace and thereafter the complainant was forcibly taken away by four other persons including the petitioner. It is further alleged in the F.I.R. that the petitioner alongwith two other persons had been committing rape with the complainant and that the complainant had given birth to a daughter, who was about six months at the time of lodging the F.I.R. The matter was investigated by the various agencies and during investigation all other accused named in the F.I.R. were declared innocent. 3. When the matter was being investigated by Fateh Muhammad, Inspector, Range Crime,…

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