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Petitioner: MUSA VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Muhammad Munir Khan Title: MUSA vs THE STATE Case No.: Criminal Miscellaneous No. 1847-B of 1982 Date of Judgment:1982-08-01 Reported As: 1983 PCr.LJ 16 Result: Bail allowed
JUDGMENT
JUDGMENT This is an application for bail on behalf of Moosa petitioner in a case under section 10 of the Offence of Zina (Enforcement of Hadood) Ordinance, 1979 registered at Police Station Kanganpur vide F.I.R. No. 91 dated 28th May, 1982. 2. The prosecution case is that the petitioner committed rape upon Mst. Hafeezan four five days before the registration of the case in the area of village Rasulpur. 3. Learned counsel for the petitioner submits that it is a false case and the report of the Chemical Examiner with regard to the vaginal swabs is negative. Learned State counsel has, however, opposed this app--lication. 4. After hearing the learned counsel for the parties I find that there is a delay of 415 days in lodging the F. I. R. No marks of violence were found on the person of the prosecutrix and that the vaginal swa bs were found "not stained with semen". In these circumstances I am of the opinion that it is a case of further inquiry. The petitioner is, therefore, allowed bail in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the Assistant Commissioner, Kasur.