'HAFIZ ABDUL REHMAN ANSARI, J.---Through this petition under section 497, Cr.PC the petitioner Muhammad Ajmal son of Taj Muhammad seeks post-arrest bail in case F.T.R. No,294 of 2008 dated 24-7-2009 registered under section 376(i) P.P.C. With Police Station, Khangarh, Tehsil and District Muzaffargarh.
2. Earlier bail application of the petitioner was dismissed by the learned Additional Sessions Judge Muzaffargarh on 13-8-2009.
3. The allegation against the petitioner is that the complainant went to the house of Muhammad Iqbal where the present petitioner was present along with his co-accused. The petitioner firstly took photographs of the complainant through his mobile phone camera and thereafter forcibly took the complainant inside the room and committed Zina-bil-jabr with her.
4. Learned counsel for the petitioner submits that the accused Ashiq Hussain and Nazir etc. Are real uncle of the present petitioner., The father of petitioner Taj Muhammad got registered F.I.R. No,337 of 2009 at Police Station Khangarh against the father of the complainant, the real paternal uncle and maternal uncles etc. That there is a delay of 10 days in lodging the F.I.R. Learned counsel submits that although she was medically examined and report is positive but as the complainant is a married lady and is residing with her husband, therefore, possibility that during those days husband of the complainant had made intercourse with her, cannot be ruled out. Learned counsel further submits that the place of occurrence which is shown to be the house of real uncle of the petitioner where other inhabitants also reside, story is not believable. The co-accused of the petitioner has been granted been framed and the case is fixed for prosecution evidence.
5. Learned counsel for the complainant submits that the husband of the complainant was away from home in connection with labour, earning livelihood for his family when the occurrence took place. The medical evidence supports the prosecution story; that there are injuries on hymen.
Learned counsel for the complainant submits that Taj Muhammad had offered the hands of her daughter for his son Ajmal and on refusal of which this occurrence took place and heinous offence has been committed. Learned counsel further submits that after grant of bail from the learned trial Court the co-accused misused the concession of bail, as the brother of the witness was injured of which Docket has been sent to hospital.
6. Learned DDPP has also vehemently opposed the bail petition. He submits that the enmity between the parties is admitted. Further submits that from the facts and circumstances of the case occurrence seems to be doubtful.
7. I have heard the learned counsel for the parties and perused the record.
8. The petitioner is specifically nominated with the allegation of committing Zina-bil-Jabr with Mst.
Razia Bibi wife of Munk Hussairr who is the complainant. The report of the Chemical Examiner is in positive. It is not believable that without any reason one would expose to such a heinous crime and degrade herself. The petitioner could not establish that he was implicated falsely in the case. The petitioner firstly took photographs of the complainant through mobile phone camera and thereafter she was taken inside a room where she was Subjected to Zina-bil-Jabr. The prosecution witnesses full corroborates the prosecution story. The offence falls within the prohibitory clause.
Even the petitioner failed to make out a case of further inquiry. The challan of the case is submitted before the learned trial Court, charge has been framed and case is fixed for prosecution evidence.
At this stage it will not be appropriate to discuss the merits or demerits of the case which may prejudice the case of either party. There is sufficient material on the police file to connect the petitioner with the commission of the heinous crime. The case was registered by the order o learned Justice of Peace and delay, in lodging the F.I.R. Was on account of time spent in obtaining the order from the learned Justice of Peace as the local police initially had refused to register the case. I am not inclined to allow post-arrest bail to the petitioner, this bail petition is dismissed.