ZUBDA-TUL-HUSSAIN, J. -In a case under Sections 356-B and 376, P.P.C., registered vide F.I.R. No. 359/08, at Police Station, Saddar, Khanpur, the allegation against the petitioner is that he enticed away the daughter of the complainant and committed 'zina-bil-jabr' with her.
2. Seeking post-arrest bail, the learned counsel for the petitioner has argued that this is a case of no evidence as the alleged victim refused to get her medically examined and as such the allegation of rape cannot be established at least at the present stage. As to the offence under Section 365-B, P.P.C. He relied upon a copy of 'nikahnama' as well as the affidavit allegedly sworn by the alleged victim in May, 2008.
3. The learned D.P.G. Maintained that the medico-legal report is not the sole evidence to prove the allegation of rape and so far as the 'nikahnama' and affidavit are concerned these are the forged documents. He, therefore, the bail petition.
4. The allegation of abduction of daughter of the petitioner is based upon the information indirectly received by him from the P.Ws. Mentioned in the F.I.R. As against it the 'nakahnama' prima facie shows, the solemnization of the marriage of the daughter of the complainant after she had embraced Islam. This is further corroborated by the affidavit apparently sworn by the alleged victim wherein she supported the cause of the petitioner. The certificate issued by one Qari Hafiz Mufti Maulana Haji Moeen of Karachi and the agreement between the victim and the petitioner also prima facie lend support to the case of the petitioner.
5. It is pertinently noted that the-victim has not got herself medically examined which examination could provide substantial support to the allegation of the rape levelled by the prosecution against the petitioner. All the above factors mainly the 'nikahnama', the affidavit and other above- mentioned documents coupled with non-availability of any physical evidence of commission of rape makes it a case of further enquiry against the petitioner. He is, therefore, admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the learned Trial Court.