Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 197.9), Ss.11/16---Bail, , refusal of---Affidavits of prosecution witnesses exonerating the accused in the presence of-statement of the abductee on the record would not damage the prosecution case at this stage--­Abductee; in her statement under S.164,.Cr.P.C. had charged the accused with forcible abduction, Zina and wrongful confinement--Absence of marks of violence on the body of the abductee was of no material significance as she had allegedly been confined for a number of days at the point of fire-arms---Bail was declined to accused in circumstances. Muhammad Ismail. v. .The State 1994 PCr:LJ, 910; Khan Muhammad v. The State 1994 PCr.LJ 2542; Muhammad Nawaz alias Najja v. The State 1991 SCMR 111 and Atiq-ur-Rehman v. The State 1995 MLD 1073 ref. ORDER Applicant Muhammad Aslam and another are being tried by the IInd Additional Sessions Judge, Badin for an offence punishable under sections 11/16 of the Zina (E.O.H.):Ordinance, 1979. 2. As per F.I.R. lodged by Kamran Haider, brother of abductee Saima Nazish, the abductee was student of Marvi Girls College, Badin and on 30-11-2002 she went to college but did not turn up. From the Chowkidar of the college the complainant learnt that at 8-45 hours Saima was forcibly abducted by Aslant in a white car. Later on the driver of the car namely Jumman appeared at the house of complainant and informed him that his car was hired by Muhammad Aslam who from Marvi College brought a girl dragging her from her arm and took her in the car to Hyderabad. At the Railway Station, Hyderabad they met Rana Imtiaz alias Amjad Rajput who both took away` the girl and he returned back. 3. The F.I.R. was lodged on 1-12-2002 and the applicant was arrested on 8-12-2002. The abductee was recovered from the house of her father on 19-12-2002 and on same day her statement was recorded under section 164, Cr.P.C. She alleged forcible abduction. She implicated applicant Aslam and co-accused Rana Imtiaz to have committed Zina with her and kept her in wrongful confinement. 4. I have heard Mr. Noor Ahmed Memon, learned counsel for the applicant…

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