Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

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

Section: 10,18

Criminal Procedure Code (V of 1898)--- ---S. 497(2)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 18---Bail, grant of-Further inquiry---Only allegation against accused was that on the day of occurrence, he pushed complainant into cotton crop and removed her Shalwar in order to commit sexual intercourse against her wishes---On raising her hue and cry, witnesses arrived at the spot and she was saved from being dishonoured--Was yet to be determined whether removal of complainant's Shalwar by accused amounted to attempting to commit rape or same fell for outraging the modesty of a girl punishable under S.354, P.P.C.-Accused was behind the bars since long---Neither accused nor complainant (victim) was medically examined by the police, which made case of accused that of further inquiry---Accused, was admitted to bail, in circumstances. Muhammad Bashir v. The State 1996 PCr.LJ 813 and Munsaf Khan v. The State NLR 1993 SD 126; Muhammad Asif alias Muhammad Ilyas v. The State 2004 YLR 378 and Tahir Abbas alias Babar Ali v. The State 2001 MLD 1559 rel. THIS ORDER PASSED BY: FAZAL-E-MIRAN CHAUHAN, JUSTICE:---.--- Petitioner Atta Muhammad, seeks post-arrest bail in case F.I.R. No.143, dated 30-9-2005, offence under sections 18/10 of the Offence of Zina (Enforcement of Hudood) Ordinance No.VII of 1979, registered at Police Station, Fateh Shah, Tehsil Burewala, District Vehari for the allegations of attempting to commit Zina-bil-Jabr with Razia Bibi complainant, hence, this case. 2: It is contended by learned counsel for the petitioner that the petitioner is quite innocent and has been falsely roped in this case by the complainant with mala fide intention. There is nothing on record connecting the petitioner with the offence alleged against him. There is unexplained delay of two days in lodging the F.I.R., which has not been explained properly and casts serious aspersion of the prosecution story. Further contends that no marks of scuffle between the complainant and the petitioner were found. No medical report is on the file showing marks of violence on her body, which also speaks a volume of mala fide and ulterior motive against the…

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