IRFAN KAUSAR Versus State
ORDER
SHAHID HAMEED DAR, J.--- The allegation against the petitioners, Irfan Kausar and Muhammad Shoaib, as per FIR No.33/16, dated 28.01.2016, under sections 365-B, 376(i), P.P.C., Police Station Shorkot City (Jhang) is that they being armed with firearms, joined by their armed co-accused, forcibly entered the house of Muhammad Nawaz (complainant) and abducted his paternal niece, Mst. Nadia alias Rani at gunpoint and took her to a nearby sugarcane field; the complainant and other members of his family started searching for their girl and they found her wailing in a sugarcane field, where Kamran alias Kali accused committed rape on her and rest of his co-accused including the petitioners stood guard thereat. The motive alleged is that Kamran alias Kali asked for the hand of Mst. Nadia alias Rani from the complainant but on his denial, he and his co-accused abducted her.
2. The alleged abductee made a statement under section 161, Cr.P.C. on 03.02.2016, whereby, she endorsed the story of FIR and alleged that she had forcibly been violated by Kamran alias Kali accused. She was recorded under section 164, Cr.P.C. as well on 04.03.2016 before a learned magistrate, where she stated that she had not been abducted nor had she been subjected to sexual intercourse by any and case got lodged by her uncle was false. She admitted in her statement to have married Irfan Kausar accused (petitioner) of her free will and accord on 28.12.2015. The investigating officer recorded her again under section 161, Cr.P.C. on 21.03.2016 and she endorsed her previous statement, that she rendered under section 164, Cr.P.C.
3. Learned counsel for the petitioners has submitted that a false case has been got registered by the complainant against the petitioners as Mst. Nadia alias Rani, the alleged abductee had contracted marriage with Irfan Kausar accused on 28.12.2015 of her free will and accord and she still lived with him as his wife; the petitioners intact intervened on an S.O.S. message from the alleged abductee to save her, otherwise, she would have been murdered by the complainant and his other family members; the factum of marriage between the alleged abductee and Irfan Kausar accused and resultant nikahnama had been verified by the investigating officer as a genuine transaction; the falsehood of FIR-story is evident from another circumstances, which related to registration of case-FIR No.529/15, dated 31.12.2015, under sections 324, 440, 353, 186, 148, 149, P.P.C., at the instance of Zafar Abbas ASI, at Police Station Shorkot City (Jhang), which showed that police had saved the alleged victim/abductee and the petitioners from being killed in a sugarcane field by the complainant-party, the petitioners have been falsely involved in this case under a deep rooted conspiracy, therefore, they may be saved from the lurking danger of being arrested and allowed the relief prayed for.
4. On the contrary, learned counsel for the complainant opposed this application on the ground that accused had abducted a virgin niece of the complainant and subjected her to sexual intercourse in a nearby sugarcane field, which was viewed by scores of people gathered there; the victim's immediate stance, after she joined the investigation was in line with the statement of the complainant but she changed her view lateron being under pressure of the accused; the offence committed by the petitioners is heinous which entailed capital punishment; he lastly contended that involvement of the petitioners in this case is above-board and free from any malice or ulterior motives of the complainant.
5. Learned Deputy Prosecutor General Punjab has, however, played in between, as he not only mentioned about the alleged plight of the complainant but also about the evasive and exonerating statements of the alleged abductee, as regards the accused; he also contended that the alleged abductee consistently and resolutely stuck to the assertion of her marriage with Irfan Kausar accused (petitioner).
6. After hearing the learned counsel for the parties and perusing the record, it is observed that the complainant did not appear to have told the whole truth, as circumstances hovering over the case are quite different from the one, as narrated by him. The alleged victim rendered divergent statements under section 161, Cr.P.C. and under section 164, Cr.P.C. and, thus, considerably reduced truthfulness of allegation against the accused, as regards her abduction by them and her ravishment by one of them, namely Kaman alias Kali. It came to light on the last date of hearing that the alleged abductee had, infact, been recovered from a sugarcane field and taken into safe custody by the police but she was allegedly snatched by a mob, consisting of forty/fifty (40/50) armed men, which led to registration of case-FIR No.529/15, (supra) against them. It was, therefore, directed that record of the other case (FIR No.529/15) be also produced.
7. Ijaz Ahmad ASI has produced record of both the cases. It has transpired that Zafar lqbal ASI along with some of his co-police-officials patrolled the area at night on 30.12.2015, when he learnt that some doubtful characters had concealed themselves in a sugarcane field and they had been surrounded by an armed group of people, therefore, they all reached the said place and, after some hectic efforts, they took Mst. Nadia alias Rani, the alleged victim, Irfan Kausar (petitioner) and Muhammad Shoaib (petitioner) into safe custody. The police made them sit in their official vehicle but before they could move away, they were attacked by the armed mob, which damaged their vehicle, badly injured Muhammad Shoaib (petitioner), wrestled with them and snatched Mst. Nadia alias Rani from their custody. This incident led to registration of case-FIR No.529/15 (supra). Mst. Nadia Rani joined investigation of this case as well on 21.03.2016 and contended before the investigating officer that she had solemnized nikah with Irfan Kausar (petitioner) on 28.12.2015 of her own and on knowing this fact her uncle Muhammad Nawaz (complainant herein) and other family members conspired to dispose her of, so she sent a message to Irfan Kousar and Muhammad Shoaih (petitioners) to save her, whereon they reached there and made an attempt to rescue her but they were besieged in a sugarcane field by his uncle/complainant and other family members, who could not do any damage to her, as police timely reached there. Learned counsel for the complainant has submitted that factum of nikah had belatedly been invented by the accused as in none of their earlier bail applications they had taken the said stance and they dishonesty improved upon it, after they prepared a forged nikah-nama, showing marriage between Irfan Kausar accused/petitioner and Mst. Nadia alias Rani. Learned Deputy Prosecutor General Punjab has submitted that nikahnama has been verified by the investigating officer, after having associated the relevant persons with the investigation of this case. The investigation of case FIR No.529/15 (supra) still continues and this case firmly held the ground. It also transpired during the course of arguments that Mst. Nadia alias Rani clandestinely slipped away from the house of her uncle/ complainant and rejoined Muhammad Irfan Kausar accused/petitioner, where she still lived with him as his wife. The attending circumstances of the case give rise to a fair amount of doubt as to veracity of the story of FIR, the benefit whereof might be extended to the accused even at the bail stage. The probability cannot be ruled out that the petitioners may have been falsely involved in this case due to some malice or ulterior motives of the complainant. Besides, sufficient reasons existed to believe that the petitioners' case called for further probe into their guilt within the scope of section 497(2), Cr.P.C.
8. For the foregoing reasons, this application is accepted and ad interim pre-arrest bail granted to the petitioners vide order dated 04.03.2016 is confirmed subject to furnishing fresh bail bonds in the sum of Rs.1,00,000/- each with one surety each in the like amount to the satisfaction of the learned trial court.
WA/I-14/L Bail confirmed.