Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 11

Law: Criminal Procedure Code (V of 1898)

Section: 497

(a) offence of Zina (Enforcement of Hadood) Ordinance (VII of 1979)   S. I1 read with Criminal Procedure Code (V of 1898), S. 497-Bail, grant of'-Offence of abduction under S. 11 of Hudood Ordinance, scope of-Girl allegedly a little over 15 years at time of abduction and marriage-Such marriage being only irregular, provision of S. 11 of Hudood Ordinance, held, not applicable-Question of age of alleged abductee, however, yet to be determined by trial Court and girl prima facie appearing to have attained puberty-Petitioners allowed bail, in circumstances.                              ,                                                                                                JUDGMENT   An F. 1. R. No. 49/80 was registered at the instance of one Muhammad Bashir son of Barkat Ali on 11.3-80 at 4-30 p.m. at Police Station Satellite Town, Gujranwala. In the F. I. R. the petitioners are accused of abduction and offence under section 11 of Ordinance VI1 of 1979.   2. Interim bail was allowed to the petitioner by me on 17-3-80. Argu­ments of the parties have been heard.   3. It is contended by the learned counsel for the petitioners that Bushra Bibi alias Rani has married Boota petitioner of her own free-will. She was neither abducted nor forced to marry Boota petitioner. It is also stated that according to the medical certificate, Mst. Bushra in opined to be of 16/1.7 years of age.   4. Learned counsel for the complainant on the other hand has opposed the confirmation of bail, firstly, on the ground that names of the accused persons are fully detailed in the F. I. R. and secondly, the petitioners after the grant of…