Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898) S. 497-Case of petitioner appearing to fall under Ss. 11 & 9 read with S. 18 of Offence of Zina (Enforcement of Hudood) Ordi nance (VII of 1979), as neither actual rape on alleged victim proved nor any witness of actual rape available and statement of victim also not recorded-Offences being not punishable with imprisonment for ten years or more or with life imprisonment or death-Case, held, not governed by bar of S. 497, Cr. P. C.-Cancellation of bail declined-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 9, 11 & 18. Date of hearing: 24th March, 1980.                                                                                                                ORDER Suo Mom notice for cancellation of bail had been issued to the respondent. The respondent had been charged under sections 10, 11 and 18 of Zina Ordinance, 1979 and it was alleged against him that on 4th July, 1979 at about 11 a.m. he had kidnapped a girl Mst. Shahida, daughter of Muhammad Yousaf aged about 7 years and had taken her into his sister's house and took her into a room and put off her shalwar and attempted to forcibly intercourse with her But the girl felt pain and she raised cries and thereupon respondent Ishaque fled away. He was seen leaving the said house by Abdullah, son of Usman and Umer, son of Hashim who had also heard cries and they had seen the girl Mst. Shahida whose clothes were soiled with semen. The bail was granted to the applicant by the Additional Sessions Judge, Karachi on the ground that the Medical Officer who had examined the applicant and the prosecutrix had not found any attempt or act of rape having been committed upon Mst. Shahida. I had directed Mr. Niaz Ahmed counsel for the State to procure the…