' SHAHID HAMEED DAR, J.---The petitioner, Khalil-urRehman (alias Gudoo) son of Abdul Rehman, by filing this petition, seeks post-arrest bail in case F.1.R. No,110, dated 6-2-2011, registered at Police Station Sadiqabad, Rawalpindi, for offences under sections 376 and 511, P.P.C.
2. The allegation against the petitioner, as alleged by Mst. Uznia Imran-complainant, is that Khalil- ur-Rehman, accused-petitioner, attempted to commit rape with her daughter, baby Aleena, aged nine, finding her alone, at his residential house, on 7th of January; the accused-petitioner is the husband of paternal aunt of the victim.
3. Baby Aleena was interviewed by the Investigation Officer on 6-2-2011, who disclosed the painful detail of the occurrence by contending that her uncle (Phhuphha), attempted to ravish her at his house, by pressing against her to cause penetration and on her screaming, he changed the focus of his attention and dirtied her month,, due to which she turned nauseous and vomited. She further stated before the Investigation Officer that the accused made her cleanse her mouth and intimidated her by threatening that he would kill her, if she would. Disclose the matter to someone.
Hafiz Muhammad Munir, the maternal uncle of the victim, and Muhammad Idrees, the maternal grand-father of the victim, joined investigation before the Investigation Officer on 6-2-2011 and made statements under section 161, Cr.P.C., wherein they contended about the above said version of baby Aleena. The accused--petitioner was arrested on 6-2-2011 and his first version before the Investigation Officer is not much different from the one adopted by the above said witnesses, including the victim.
4. Learned counsel for the petitioner submits that the petitioner has been falsely involved in this.
Case due to malice and ulterior motives of the complainant, as she under the garb of the instant case, has conspired to blackmail the petitioner and her in laws; the .Husband of the complainant, who is in Saudi Arabia, has sent an affidavit to the Investigation Officer, wherein he has deposed about the falsehood of the case, lodged by his wife, in the background of the estrangement of relationship with her husband and other in-laws; the real brother of the husband of the complainant, has also stated so before the Investigation Officer during investigation and that many others through, their affidavits had dubbed the petitioner innocent. Lastly, contends that the complainant had gone astray in the absence of her husband and on being checked by her in-laws, she had falsely involved the petitioner in the instant case, to avenge her 'insult'.
5. On the other hand, learned Deputy Prosecutor-General Punjab assisted by learned counsel for the complainant has strongly opposed grant of bail to the petitioner with the contention that the accused-petitioner had committed a devilish act by making an abortive attempt to commit Zina with the poor child like a sex- maniac, which shows that the accused-petitioner is not less than a satan; the offence committed by the accused-petitioner falls within the prohibitory clause of section 497, Cr.P.C., so he may not be allowed bail.
6. After having heard the learned counsel for the parties and gone through the record, I hardly find any reason to admit the petitioner to bail as, sufficient incriminating evidence has been collected against him by the Investigation Officer. The innocent baby, aged nine, is the victim of the alleged occurrence. The accused, overawed by lecherous sentiments, did not care for the age of the victim, nor his relationship with her, could stop him from committing the shameful act. The delay in lodgment of F.I.R. In this case is not damaging to the prosecution's case as the minor victim must have been badly frightened, firstly because of the oppressiveness of the crime, committed with her, and secondly, due to threats, extended to her by the accused-petitioner. The argument of learned counsel for the petitioner that the husband of the complainant had transmitted a written affidavit to the Investigation Officer is of no avail to the accused-petitioner, as he resides permanently in Saudi Arabia and was not present in Pakistan on the day of the, alleged occurrence. He must have been persuaded by his parents and other members of the family to write to the Police for rescuing the petitioner, who is the husband of his real sister. There is nothing on record to suggest that the relations between the parties were strained and that the complainant had been prompted by someone to wreck the future-life of her minor daughter. The petitioner appears to be a desperate character and a sex-monger. The offence committed by him catches the prohibition of section 497, Cr.P.C. The petitioner's case under no circumstance constitutes need for further inquiry into his guilt, as enunciated under section 497(2), Cr.P.C. Therefore, I am not inclined to accede to the bail plea of the petitioner.
7. Resultantly, this petition fails and stands dismissed.
8. Before parting with this order, it looks appropriate that trial of the accused-petitioner be concluded as expeditiously as possible. Therefore, the learned trial Court is directed to accelerate the proceedings of the trial and conclude the same within five months on receipt of this order.