Law: Criminal Procedure Code (V of 1898)

Section: 497

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

Section: 10,11,16

Criminal Procedure Code (V of 1898)-----   ----S. 497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10, 11 16---Bail, grant of---Though inordinate delay of one year was made in lodging of F. I. R. , but an explanation for such delay had been offered in the F.I.R. itself---Despite indulgence of headman of the tribe, abductee had not been returned---Accused was nominated in F. I. R. and abductee in her statements under Ss. 161 164, Cr.P.C. had implicated the accused saying that he was amongst culprits who had abducted her and kept her under control ---Abductee was found pregnant after recovery---She remained in captivity for a period of one year---Prima facie, evidence of victim, coupled with ocular evidence of complainant and other witnesses on the point of abduction and medical evidence, had connected the accused with crime---Bail plea of accused being premature, was rejected and his application was dismissed.   Mehboob Ahmad v. State 1999 SCMR 1102 and Hazar Khan v. State 2003 P Cr. L J 33 ref.   Abdul Rehman A. Bhutto for Applicant.   Ali AzharTunio, A.A.-G. for the State.   Date of hearing: 26th March, 2003. ORDER Applicant Akbar has been arrested for an offence punishable under sections 10, 11 and 16 of Zina (Enforcement of Hudood) Ordinance, 1979 registered at Police Station Bugti Colony, District Jacobabad. It is gathered from the F.I.R. that Mst. Gul Khatoon wife of complainant Hidayatullah was abducted from the house of complainant about one year back at about 8-00 p.m. by six persons. including applicant Akbar. All of them had come on motorcycles. Raza Muhammad, the main accused was armed with a Rocket Launcher and the rest had Kalashnikovs. They forcibly dragged Mst. Gul Khatoon and took her away on motorcycle. It is alleged in the F.I.R. that complainant Hidayatullah previously suspected Raza Muhammad to have illicit terms with his wife, therefore, he restrained him from visiting his house. After the incident, the complainant approached Raza Muhammad, who kept him on false hopes. He then approached the head of the tribe Nawab Akbar Khan Bugti, who wrote letters to Nekmards, but with no result, : and…

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