MUHAMMAD ASHRAF Versus THE STATE
ORDER
The petitioners are involved in a case under sections 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 for committing Zina‑bil‑Jabr with Mst. Razia Bano, a sister of the complainant Nazeer Ahmad after she .was abducted while she was passing from a street of the village. She was taken to a nearby field of Haji Mehar Din and after tying her mouth with a cloth, she was subjected to Zina‑bil‑Jabr first by Ashraf and then by Imran petitioners respectively.
2. Learned counsel for the petitioners has submitted that the offence of Zina is not proved because there is no witness who had seen the occurrence; that according to the medical evidence there was no mark of violence on the person of the victim nor the semen was detected in the vagina; lastly that there was allegedly a delay of about nine days in filing the F.I.R., which made the prosecution case doubtful.
3. The bail was opposed by the learned State counsel on the ground that delay in this matter is not very crucial because the people are reluctant to report such occurrence as it involves family honour; that the statement of the victim clearly involves both the petitioners for committing the offence of Zina‑bil‑Jabr and since there is no enmity between the parties, therefore, there is no possibility of false implication.
4. I have considered the above contentions and find that both the petitioners are named in the F.I.R., which was filed by the brother of the victim .who was employed in the Army as Lance Naik. The mere fact that the F.I.R., was delayed would not be relevant at this stage because such like occurrence involving family honour are reported reluctantly. There is no enmity between the parties and the petitioners have been named by the victim for committing Zina‑bil‑Jabr with her after she was abducted from a public street.
5. In view of the above facts, I do not find any extenuating circumstances to enlarge the petitioners on bail at this stage. The petition is accordingly dismissed.
N.H.Q./M‑368/L Bail refused.