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Petitioner: RAJAB ALI VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 572
[Lahore]
Before Lehrasap Khan, J
RAJAB ALI and another--Petitioners
versus
THE STATE--Respondent
Criminal Miscellaneous No. 3348/B/1987, decided on 3rd November, 1987.
Criminal Procedure Code (V of 1898)--
---S 5. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) S. 10--Bail, grant of--Except solitary statement of prosecutrix, no other evidence available to support allegations against accused--Accused stated to be 75/76 and 68 years old--Medical Officer opined that accused were not fit to perform sexual intercourse--Accused declared to be innocent as a result of investigations and placed in column No. 2 of Challan and not summoned by trial court to stand trial--Bail allowed in circumstances.
Mian Ahmed Sher Lali for Petitioners. C . M. Latif for the State.
ORDER
Rajab Ali and Murad petitioners who are involved in a case under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, arising out of F..R. No. 59 dated 30-6-1987, registered at Police Station Garh Maharaja, District Jhang, seek to be released on bail.
2. It has been alleged that these two petitioners subjected the prosecutrix, Mst. Jannat, a widow aged about 30 years, to zina-bil-jabr on different occasions. The said widow was allegedly subjected to zina by certain other persons as well. Consequently, she got conceived and ultimately on her statement the present case was registered.
3. It has been contended on behalf of the petitioners that in they circumstances of this case except the solitary statement of the prosecutrix herself, there is no other evidence to support the allegations against the petitioners as contained in the F.I.R. Murad petitioner is stated to be 75/76 years old while Rajab Ali is said to be 68 years old. After their medical examination, the medical officer has opined that they were not fit for performing the sexual intercourse. As a result of police investigation, the petitioners have been declared to be innocent and their names have been placed in column No. 2. They have not been summoned by the trial court to stand trial. As a matter of fact the challan in this case has not yet been submitted.
4. In the above circumstances, the petitioners are admitted to bail in the sum of Rs.20,000 (Twenty thousand) each with one surety; each in the like amount to the satisfaction of A. C. Shorkot (District Jhang).
M.Y.H./R-58/L Bail granted.