Petitioner Muhammad Shehbaz seeks post arrest bail in a case lodged on the written complaint of Nisar Ahmad.
2. Saga of the unfortunate incident is that impeccable daughter of the complainant namely Mst.
Mehak aged about 06 years, during school recess time, from the passage licentious malefactor, the petitioner took her in his Haveli where she was ravished by him. She was brought to her house in semi-unconscious condition and it was found that her legs were imbrued with blood. She was taken to hospital and when she regained senses, narrated the incident to the complainant, thereafter case was lodged on the complaint of crestfallen father of the victim.
3. Learned counsel for the petitioner submits that petitioner has been falsely involved in this case on account of previous enmity and about the same he has referred to case registered vide FIR No, 200 dated 28.7.2002 under Sections 148/149/337-F(i)(v)/337A(i) PPC at Police Station Saddar, Narowal on the complaint of Liaqat Ali, the brother of the petitioner against Nisar Ahmad, the complainant of instant case and others; incident was reported to the police by the delay of more than 24 hours; medico legal report of the subject does not support the prosecution version; story mentioned in the FIR is highly improbable and also not believable; lady doctor at the first instance has not opined that victim was subjected to sexual act; the report of deoxyribonucleic acid test has not yet been received, in this way, all the material available on record prima facie make out a case in favour of the petitioner for the grant of bail.
4. Learned DPP assisted by learned counsel for complainant has opposed the bail application flinchingly that in the alleged earlier criminal. case, compromise was effected between the parties; so far as delay in lodging the FIR is concerned, it does not discredit the prosecution version because when the victim got senses, she narrated the incident and thereafter case was lodged, in this way, the same has reasonably been explained and even otherwise no undue advantage has been obtained by the complainant party in reporting the matter at some delay to the police.
Learned counsel has submitted that condition of the benighted victim that her private part was found torn by the doctor and she applied stitches there at the time of her medical examination; the swa bs have been found stained with human semen and the report of DNA test is inconsequential in the circumstances of the case as the petitioner alone committed rape with the minor girl. Further submitted that statement of the victim alone is sufficient to prove the case against the petitioner and the same has, too, been corroborated by the medical evidence and at the bail stage probabilities and improbabilities of the prosecution story cannot be looked into. Further submitted that result of the investigation throws up that petitioner has been found involved and the age of the petitioner is about 25 years. Further submitted that it is unbelievable that complainant party has obtained a false medico-legal report of a minor.
5. I have hearkened arguments and have perused the record.
6. Incident took place on 28.5.2011 during the school recess time. The victim was brought to her house in a semi-unconscious condition while bleeding and then was taken to the hospital where she was medically examined on the same day. Doctor examined her under general anthesia and found introrital region all bruised with absent hymen. Admit one index finger easily. She also observed blood oozing. Vaginal tears were stitched and on receipt of the report of vaginal swabs, being positive, opined that victim was subjected to rape and defloration also occurred. Wisdom of prudent mind does not believe that instant occurrence was manoeuvred by the complainant or a false medico-legal report of the minor daughter was obtained in collusion with the doctor. The petitioner has committed hideous offence and during the investigation, he has been found guilty.
So far as report of the DNA test is concerned, it is inconsequential and indecisive in this case because petitioner was lonely person who committed rape. Victim has made statement against the petitioner. The offence with which the petitioner has been charged false within the prohibition contained in sub-section (1) of Section 497 Cr.P.C.
7. For what has been discussed above, no case is made out for the grant of bail. Thus, instant petition stands dismissed.
8. Before parting with this order, in the peculiar circumstances of the case, to assess the forensic value of the deoxyribonucleic acid test, woman medical officer Miss Sadaf Inayat of DHQ hospital, Narowal was summoned alongwith complete record of the medico-legal report of the victim. She appeared on 19.10.2011 and she was questioned in detail as to technology of DNA test' with its significance in the criminal administration of justice as well as in the Forensic Science but she remain fizzled out to satisfy the Court. To know the authenticity as well as importance of the said test, Dr. Waseem Haider, Medico Legal Surgeon, Punjab entered appearance to assist the Court on DNA technology but he submitted that he received intimation of the Court on the preceding late night and on account of paucity of time he could not prepare it systematically in detail. However, he to some extent apprised the Court as to its basics and requested that a reasonable time may be provided to him for further study with a view to assist the Court and on his request, proceedings were adjourned to 15.11.2011.
9. A separate order sheet is ordered to be prepared on the issue of DNA technology. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.