' SARDAR MUHAMMAD SHAMIM KHAN, J.---Rafiq Ahmad, petitioner seeks post-arrest bail in a case registered against him vide F.I.R. No,140 of 2011 dated 16-3-2011 offences under sections 376 and 452, P.P.C. At Police Station Taunsa Sharif District D.G. Khan,
2. Precise allegation against the petitioner as narrated in the F.I.R. Is that on 16-3-2011 at about 01/02 p.m., Mst. Fatima Bibi complainant-who was virgin was present alone in her house whereas Muhammad. Rafiq, petitioner who was allegedly armed with Chhuri' criminally - trespassed into the house of the complainant and forcibly committed Zina-bil-jabr with her. Hence instant F.I.R. Was registered.
3. Learned counsel for the petitioner contended that according to prosecution story, complainant/victim was virgin but this fact has been falsified by the medical examination of the victim/complainant Mst. Ghulam Fatima as no fresh tear on hymen was observed by the lady doctor at the time of her medical examination. It has further been contended by learned for the petitioner that according to the opinion of lady doctor, vagina of the victim admitted two fingers, therefore, complainant/victim was a woman of easy virtue; that lady doctor after medical examination of the complainant/victim did not give any opinion regarding the commission of rape with her, rather, same was postponed till the receipt of report of Chemical Examiner as well as report of DNA test; that report of DNA test do not support the prosecution version; that during investigation, many persons of the locality appeared before the I.O. And stated before him that petitioner was innocent and he has falsely been involved in this case on account of dispute of house between the parties; that petitioner was arrested on 2-5-2011 and he is behind the bars since his arrest but trial of the case has not commenced till yet. Thus, it is prayed that by accepting this petition, petitioner is liable to be released on bail.
4. Learned D.P.-G. Has opposed this petition on the grounds that petitioner is nominated in the F.I.R.; that there is specific allegation against the petitioner that he committed rape with the complainant/ victim Mst. Fatima Bibi; that medical examination of complainant/victim is in line with the prosecution version; that offences alleged against the petitioner come within the purview of prohibitory clause of section 497 of Cr.P.C. Thus, it is prayed that this petition is liable to be rejected.
5. I have heard the learned counsel for the parties and gone through the record.
6. Although petitioner is nominated in the F.I.R. And there is specific allegation against the petitioner that he committed Zina-bil-jabr with the complainant/victim who was virgin yet perusal of Medico-legal Report of complainant/victim reveals that complainant/victim was medically examined on the same day by the lady doctor but fresh tears on hymen of victim were not observed by the lady doctor. According to Modi's Medical Jurisprudence in virgins the hymen, as a result of sexual inter course, is usually lacerated, having one or more radiate tears, the edges of which are red, swollen and painful, and bleed on touching, if A examined within a day or two after the deed. In the instant case hymen of Mst. Fatima Bibi/victim was ruptured at 3, 4, 5, 6, 7, 9 and 11 o'clock which is suggestive of the fact that victim was woman of ,easy virtue. The lady doctor also observed that vagina of the victim/complainant admitted two fingers which is, prima facie, not possible if rape is committed only once with a virgin victim. No marks of violence were seen on the whole body and inner parts of 'thigh' of the victim by the doctor. After conducting medical examination on the person of Mst. Fatima Bibi complainant, lady doctor did "not give any opinion regarding commission- of rape with her, rather, same was postponed till the receipt of report of Chemical Examiner as well as B report of DNA test report of DNA test also reveals that vaginal swa bs of victim Mst. Fatima Bibi did not generate any male DNA profile, therefore, no comparison could be made with DNA profile of accused Muhammad Rafique (petitioner), therefore, the ocular account of the prosecution is, prima facie, not in line with the medical evidence. Petitioner was arrested on 2-6-2011 and he is behind the bar for a period of about 8 months and trial of the case has not IC commenced till yet.
7. For what has been discussed above, case of the petitioner comes within the ambit of further inquiry, therefore, this petition is accepted and petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs,2,00,000 (Rupees two lacs only) with one surety in the like amount to the satisfaction of the learned trial Court.