ASLAM Versus STATE

ORDER

A case under section. 10/ 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, was registered against the petitioner and others` oil the ground that they abducted Mst. Zahida Bibi aged about 13/14 years and later on got her married against her wish with Niaz Hussain, a son of the petitioner arid co-accused in the case.

2. The abductee Mst. Zahida Bibi was recovered by the police who made a statement under section 164, Cr.P.C. in which she stated her age as 18 years. She also deposed that after her alleged abduction, she remained with the petitioner and his son Niaz Hussain for about one month and four days in a house situated in village Aman Garh, District Noshehra, and during all that period nobody committed any illicit intercourse with her. Though after alleged Nikah, she was subjected to intercourse by Niaz Hussain co- accused.

3. From the foregoing facts, it appears that there is no allegation of Zina against the present petitioner who is father of Niaz Hussain co-accused in the case with whom Nikah of the abductee was read which she claimed to be against her will and fictitious. As such, it is a case of further inquiry in respect of the petitioner. As far as the validity or invalidity of Nikah of abductee with Niaz Hussain is concerned, it can only be determined during the trial. As such, the petitioner is admitted to bail in the sum of .Rs.30,000 with a surety in the like amount to the satisfaction of learned Trial Court.

H.B.T./A-217/L Bail granted.