The petitioner Mazhar Iqbal seeks his release on bail in case FIR No, 118 of 2010 dated 20.03.2010 under Section 365-B read with Section 376 PPC, registered at Police Station City Kamalia, District Toba Tek Singh wherein, he had been arrested on 07.04.2010 by the police and was dispatched to the judicial lockup on 12.04.2010.
2. The complainant Mst. Zakiya Parveen has briefly, alleged in the FIR that she was moving through a street Mohallah Hussain Shah Wali at about 8:30 a.m on 17.03.2010 in order to go to Degree College for Women, Kamalia where she was a student of 3rd year. Suddenly two motorcyclists intercepted and stopped her at gun point; in the meanwhile, two persons aboard a car reached there and forcibly made her sit in their car and drove her to a room of Dera which was situated at a deserted place; they gagged her mouth by an adhesive tape, tied her hands and feet and confined her there: one of the accused was Mazhar (petitioner) who and his companions committed Zina-bil-Jabbar with her and illegally detained her; on the second day, the accused went to city Kamalia to fetch food so she slipped away from that place and reached a bus stop where from she reached Data Darbar, Lahore by a wagon and then, managed to reach Chichawatni by bus; her maternal uncle and brother brought her back to the house of her parents on 19.03.2010.
3. The complainant was medically examined at 4:00 p.m on 20.03.2010 by a Women Medical Officer who as per her findings, found her menstruating since 18.03.2010. She also found that the examinee's hymen was healed old and vagina admitted two fingers tightly. The Lady Doctor also found some laceration and abrasions on the body of the victim. She obtained vaginal swabs for detection of semen grouping, semen analysis and for DNA test. The report of the Chemical Examiner, Punjab, Lahore indicated that the swabs were not stained with semen, however, were stained with blood; the complainant/victim refused to cooperate in connection with DNA test and submitted written application in this regard on 05.04.2010 to the SHO.
4. The Investigating Officer conducted investigation of this case by associating both the parties with the process of investigation and recorded his findings qua the innocence of the petitioner vide case Diary No, 15.04.2010, consequently a report under Section 173 Cr.P.C. was prepared by the Investigating Officer with the name of the petitioner in Column No, 2 of the Challan.
5. It has been contended by the learned counsel for the petitioner that a false case has been got lodged by the complainant under a conspiracy so as to cause humiliation and dis-respect to the petitioner; that the version of the complainant had not been supported by any witnesses at all; that the medical evidence negates the version of the complainant; that the complainant/victim stated herself to be an unmarried girl who had been allegedly subjected to Zina-bil-Jabbar by the petitioner and his co-accused but her medical examination, just after three days of the alleged occurrence, had unfurled falsity of her version; that the petitioner had been found innocent during the course of investigation and a report under Section 173 Cr.P.C. had been submitted by that Investigating Officer with name of the petitioner in its Column No, 2; that there is a delay of three days in lodgment of the FIR, for which no explanation had been offered by the complainant; that the petitioner is entitled for grant of bail as his case falls within the ambit of further inquiry.
6. On the other hand, learned Addl: Prosecutor General, assisted by learned counsel for the complainant has controverted the arguments of the other side with the contention that the version of the complainant/victim did not require any corroboration as no girl would ever like to put her honour and dignity at stake for falsely implicating a person in a criminal case; that the victim's career and future had been ruined by the devilish act of the petitioner as she was a student of 3rd year and was moving towards a bright and secure future; that the act of the accused petitioner had not only ruined the victim but also her entire family, had been stigmatized due to ravishing of their girl; that ipsi dixit of the opinion of the police is not binding upon the Court; that the offence committed by the petitioner falls within the prohibitory clause of Section 497 Cr.P.C., so he was not entitled for release on bail.
7. Arguments heard. Record perused.
8. The complainant lady was a student of third year when forcibly picked up and abducted at gunpoint by the accused-petitioner and others while going to her college, where, she was a student of 3rd year. She was rendered helpless by applying a adhesive tape on her mouth and also tied her hands and feet. She was driven to a DERA situated at a deserted place where the petitioner and her co-accused subjected her to act of coitus against her will. She succeeded in fleeing away from the clutches of the petitioner and her co-accused when they had left for city Kamalia to fetch food. The medical evidence does not negate the version of the petitioner in any manner. As her hymen was not found intact though, observed to be healed old. The non detection of spermatozoa on the viginal swa bs may be due to the fact that she was found menstruating at the time of her medical examination by the Medical Officer.
9. So far as the definition of rape/zina is concerned, the offence of Zina shall be deemed to have been committed if the penetration has taken place, without entering into the question as to how long it went.
10. The complainant was a student of 3rd year in Government Degree College for Women Kamalia and had set off for her college on the day of occurrence, as usual, absolutely, unaware of the circumstantial terror, which fell upon her when the petitioner and his co-accused `abducted her for satisfaction of their lust. She, after having been ravished by the sex-mongers, managed to rejoin her family with a story of painful and frightful details. She being a student of degree classes was bound for a bright and purposeful future but for the satanic act of the petitioner and his co- accused her dreams had been shattered. Why would she cook up a story to falsely implicate the petitioner when she or her family had no grudge or bias against him.
11. The solitary statement of the victim/prosecutrix can be relied upon for the purpose of prosecution of an accused charged with, identical allegation. The required degree of corroboration to the statement of the complainant-victim is available in this case in the form of the MLR of the victim which has been discussed earlier. The learned counsel for the petitioner failed to answer to the query of this Court as to why, a virgin educated girl shall put her honour and dignity as well as that of her family at stake for implicating someone in a criminal case. The sanctity of the report of Chemical Examiner shall be assessed during the course of the trial. I find that the opinion of the Investigating Officer is sketchy, in nature. The offence with which the petitioner is charged falls within the mischief of prohibitory clause of Section 497 Cr.P.C.
12. For what has been discussed above, I am not inclined to admit the petitioner to post arrest bail.
The instant petition stands dismissed.