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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MANZOOR PERVAIZ VS Respondent: STATE
1994 M L D 1358
1994 M L D 1358
[Lahore]
Before Falak Sher, J
MANZOOR PERVAIZ---Petitioner
versus
THE STATE---Respondent
Criminal Miscellaneous No.4838-B of 1993, decided on 16th January, 1994.
Criminal Procedure Code (V of 1898)---
----S.497(1)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10---Bail, grant of---Alleged belated recourse to the police had been sufficiently explained in the F.I.R.---Medical evidence had supported the prosecution version---Vaginal swabs were found stained with semen-- Complainant or the victim had no motive to falsely implicate the accused-- Sufficient grounds, thus, were available to believe the involvement of accused in the offence charged which fell within the prohibition contemplated by S.497(1), Cr.P.C.---Bail was declined to accused in circumstances.
Muhammad Ayub Shaheen for Petitioner.
Mirza Israr Baig for the State.
Date of hearing: 16th January, 1994.
ORDER
Bail was sought in the case registered vide F.I.R. No.618 of 24-10-1993 under section 10 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Mughalpura, Lahore alleging subjection to illicit fornication the complainant's orphan minor daughter Mst. Sakina Bibi aged 13/14 years on the night intervening 22/23-10-1993 intruding into their house while the complainant was away and unsuccessful repetition of the complained of venture on the morning of occurrence which endeavour was frustrated upon complainant's intervention.
2. Contending belated lodging of the F.I.R., non-existence of any external marks of violence on the victim's body and case of no evidence for the occurrence having gone un-witnessed, which has been opposed by the learned counsel appearing on behalf of the State reiterating the prosecution story.
3. I am afraid the contentions urged by the learned counsel for the petitioner are misconceived because not only the alleged belated recourse to the police has been sufficiently explained within the text of the F.I.R. viz., complainant being a widow had to wait for arrival of her brother for going to the police but also medical evidence divulging freshly torn hymen at 6 O' Clock position in healing stage and the virginal swabs stained with semen with admitted lack of motive to falsely implicate the petitioner by the complainant or the victim of the indecent assault constitutes sufficient grounds for believing petitioner's involvement in the offence charged falling within the prohibition contemplated by section 497(1), Cr.P.C. renders him disentitled to be sought for concession and is accordingly hereby dismissed.
N.H.Q./M-1510/L Bail refused.