Instant writ petition is filed for issuance of direction to the learned Special Magistrate to add the names of the accused as well as some sentences in the statement earlier recorded under Section 164 Cr.P.C. on 25.11.2008.
2. The briefs facts of this writ petition are that the petitioner on 8.9.2008 allegedly was abducted by certain accused persons who had been committing zina with her and on 15.9.2008, the accused persons brought her at Okara. The father of the petitioner in the meanwhile got lodged FIR No, 711/08 under Section 496-A PPC at Police Station Rai Wind. She statedly was forced to get recorded her statement under Section 164 Cr.P.C. before Respondent No, 2 on 15.9.2008. Thereafter she succeeded to run away from the cluches of accused persons and filed an application under Section 22-A Cr.P.C. to learned ex-officio Justice of Peace. It was disposed of with the direction to Respondent No, 2 to record her statement under. Section 164 Cr.P.C. Consequently the petitioner on 25.11.2008 appeared before Respondent No, 2 and got recorded her statement under Section 164 Cr.P.C. she field an application on 1.12.2008 to Respondent No, 2 to add certain specific sentences and accused persons by name and roles which she mentioned but Respondent No, 2 had not mistakenly recorded. This application of her was dismissed. Hence this writ petition against the order dated 2.12.2008 of Respondent No, 2.
3. It is argued by the learned counsel that request made through application to the learned Special Judicial Magistrate was in accordance with the law as there is no bar in the Criminal Procedure Code for correction in the statement earlier recorded. The statement was recorded otherwise than the words any sentences used by the maker which was not due to any lapse on petitioner's part but would affect to the fate of the case if the application is not allowed to remove the omission.
4. Heard.
5. The addition sought to be supplied in the statement recorded under Section 164 Cr.P.C. on 25.11.2008 as disclosed in the application and in this writ petition is: "There were 15/20 other persons after taking liquor committed zina with the petitioner."
The petitioner intends further addition as under: "There were 15/20 other persons out of which Muhammad Aslam alias Pasoori and Rashid alias Rashoo were also there and all of them committed zina-bil-jabr and sodomy with the petitioner and this was all done on the instigation of one Bashir Naz and some other persons and all these. occurrence were taken place on different places and on different dates."
The alleged omission sought to be supplied is in fact an embellishment in the earlier statement recorded under Section 164 Cr.P.C. No mala fide could be attributed to the learned Magistrate. His proceedings would claim presumption which cannot be dislodged easily. Her statement was recorded after giving her sufficient time to understand its nature and results. There is nothing to infer that she was not fee in recording her statement. The statement recorded was duly verified and bore the requisite certificate. There is no illegality in the impugned order dated 2.12.2008 calling for interference in the exercise of Constitutional jurisdiction of this Court. Dismissed in limine.