LIAQAT ALI Versus YARA

ORDER

Petitioner complainant of the case registered vide F.I.R. No.281 of 9-12-1993 under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Farooqabad, District Shcikhupura alleging abduction of his brother's wife Mst. Sajida Bibi by Ikram, Niaz sons of Mutali conjunctively with Mst: Moondan, Maqboolan Bibi and Maysood Ahmad, their mother, sister and co-villager respectively for illicit fornication a month prior to the reporting of the incident, as per divulgence made by Riaz and Abdul Salam, co-villagers, aggrieved by the granting of pre-arrest bail to respondents 1 to 3 by the learned Additional Sessions Judge, Sheikhupura vide the impugned order, dated 17-1-1994 for the belated lodging of the F.I.R., incongruity of the time of occurrence spelt out therein with that of the abductee's statement recorded under section 164, Cr.P.C., neither nature of the injuries has been particularised nor probable duration thereof in columns 1 and 2 of the medico-legal report has been furnished, improbability of the prosecutrix's allegations in view of the respondents inter se relationship viz. Raj and Mumtaz being paternal-uncle and nephew inter se, mala fide of the prosecution on account of recorded criminal entanglement i.e. F.I.R. No.281 of 9-12-1991 under section 10/11 of the Ordinance ibid alongwhth section 452/380/342/161, P.P.C. read with section 5 of the Prevention of Corruption Act, 1947 at same police station by co-accused Maqboolan Bibi inter alia against the complainant's brother a Police Constable who was also reported vide F.I.R. No.493 of 15-12-1992 under section 420/471/468, P.P.C. at Police Station B Division, Sheikhupura for securing employment on the basis of fake certificate, has recoursed to the present petition tending to seek cancellation thereof.

2. Contending that the victim consequent upon her recovery recording her statement before the Magistrate's Court under section 164, Cr.P.C. on 27-12-1993 has specifically deposed to her spiriting away by the respondents in a wagon having been fetched over by the co-accused and subjection to multiple gang rape at different places factum whereof is patently demonstrated by the medico-legal report divulging number of bluish colour marks of violence viz. big bruised area on the left buttock, legs, shoulder, hymen torn, old tears present at 6, 9 and 12 o'clock position and affirmative report of the Chemical Examiner as to vaginal swabs.

3. Which has been opposed by the learned counsel appearing on behalf of the respondents submitting that neither the respondents were named in the F.I.R. nor the complainant in his supplementary statement has made any reference to them nor his alleged informers have implicated them in their statement before the police under section 161, Cr.P.C. and have been falsely roped in due to previous enmity.

4. Having considered the arguments canvassed at the Bar I am not persuaded by the submissions made by the learned counsel for the respondents because the complainant has reported to the police what he was apprised by the co-villagers Riaz and Abdul Salam viz., spiriting away of the victim by the co-accused, who upon recovery in her statement before the Magistrate's Court has categorically deposed that the respondents were already seated in the wagon wherein she was abducted and subsequently subjected to rape whose stance ex facie stands corroborated by the medical evidence factum whereof seems to have escaped the notice of the learned Additional Sessions Judge which has resulted into miscarriage of justice. Consequently, the extraordinary concession of pre-arrest bail conferred unto the respondents vide the impugned order is hereby recalled.

N.H.Q./L-58/L Bail cancelled.