The petitioner seeks his post arrest bail in a case registered against him vide FIR No, 301 dated 01.10.2012 under Section 376, PPC at Police Station Saddar Mianwali.
2. The learned counsel for the petitioner contended that the victim was mentally retorted and according to the medical repoit also no marks of violence was found on her person and even the report of DNA test reveals that apparently the zina was not committed with the victim and thus the case of the petitioner requires further inquiry and placed reliance on the case of Rafique Ahmad Vs. The State (2012 PCr.L.J 1321).
3. On the other hand, the learned counsel for the complainant as well as the learned DPG opposed the petition and contended that the challan has been submitted and the charge has been framed.
4. Arguments heard. Record perused.
5. There is no denial of the fact that the victim was mentally retorted aged about 19 years. The PWs namely Abdttl Karim, Mst. Nasreen and Marryam Khatoon supported the prosecution version and specifically deposed that they had seen the accused committing zina with Mst. Sumaira Bibi. Mst.
Sumaira Bibi was medically examined on 02.10.2012 and the medical report shows that no external injury on vulva was found, no sign of blood or any tear. Vaginal swabs were taken for semen detection. It was further observed that the vagina admits one finger which shows that the victim was not a girl of easy virtue. After the report, the medical officer gave the final opinion that according to the report of semen analysis, the vaginal swabs were stained with semen and sperms and the report confirmed that the rape has been done. As far as the report of DNA test is concerned, the Item No, 2 was not sample of victim Sumaira Bibi. It was observed that fraction of Item 1.0 is partial but consistent with the DNA profile of victim Surnaira Bibi. It was further concluded that vaginal swa bs bf victim (Item 1.0) did not generate any male DNA profile, so no comparison could be made with the DNA profile of accused Ahmad Nawaz Khan. Merely on this report, it cannot be said that the victim was not subjected to zina.
6. As far as the case law cited by the learned counsel for the petitioner is concerned, in the said case, there were so many other grounds which were taken into consideration while allowing the bail and not a single ground that vaginal swabs of victim did not generate any male DNA profile, and so the facts of the said case are distinguishable. After going through the record, no case for bail is made out. Hence this petition has no force and the same stands dismissed.