Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

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

Section: 11/16

Law: Penal Code (XLV of 1860)

Section: 147,148,149

Criminal Procedure Code (V of 1898) S. 497(2) L Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.11/16 Penal Code (XLV of 1860), Ss. 147, 148 & 149 ¬Bail, grant of Further inquiry Report against accused was lodged after about 22 days of incident and no explanation was coming forth for such delay Prosecutrix was produced before the Magistrate about four days after, her return to house of her parents Prima facie chance of tutoring during that period of four days could not be ruled out under circumstances of the case Affidavit of prosecutrix to the effect that she had neither been abducted nor enticed away by any person and she had left the house of her parents on her own, her Nikahnama, coupled with factum of delay in lodging F.I.R., had made it a case of further inquiry ¬Bail was granted to the accused. THIS ORDER PASSED BY: S. ALI ASLAM JAFARI, JUSTICE---.--- This bail applicatibn has been filed by applicant/accused Ali Bux Babar who has to face his trial before the learned 4th Additional Sessions Judge, Dadu in Crime No. 31 of 2002 of Police Station Khairpur Nathan Shah registered on 4 5 2002 under, sections 11/16, Offence of Zina (Enforcement of Hudood Ordinance, 1979 read with sections 147, 148 and 149, P.P.C. at the instance of complainant Bashir Ahmad. In his .F. I. R. , the complainant has stated that he is a primary teacher. Applicant/accused Ali Bux and others who are related to the complainant are residing near his house and they are on visiting terms with him. Mst Shahzadi aged about 15/16 years is daughter of the complainant. On 10 2 2002 the complainant and other inmates of the house alongwith Mst. Shahzadi were sleeping in the house when at about 12 00 midnight time they heard some noise. The complainant and others woke up arid saw, on the light of bulbs which were on persons namely Ali Bux with pistol, (2) Ghous Bux with Lathi, (3) Muhammad Hassan with gun, (4) Ashiq with pistol and (5) Muhammad Younas with hatchet standing in the house. Ali Bux dragged Mst. Shahzadi by her arms outside the house. The complainant and others raised cries but all the accused threatened them to remain quite and silent. However, due to commotion…

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