' SYED MUHAMMAD KAZIM RAZA SHAMS!, J.---The petitioner Hafiz Sakhawat through the instant criminal miscellaneous petition seeks his release on bail in case arising out of F.I.R. No,155, dated 25-4-2012 registered under sections 365-B and 376, P.P.C. With Police Station Saddar Sangla Hill, District Nankana Sahib for abducting Mst. Maria Bibi and subjecting her to rape.
2. Learned counsel for the petitioner, inter alia, contended that the F.I.R. Was lodged at the time when the victim of the case of her own returned the house of the complainant; that the complainant is not consistent in making his version and in this case he had made three versions at different stages, which make the case of the petitioner as one of further inquiry; that there is no proof of virginity of the victim as well as any evidence that the petitioner had subjected her to rape with the medical evidence contains that the victim of the case having the age of 18/19 years was having old torn hymen; that the Medical Officer did not find any mark of violence on the person of the victim; that the victim refused to get her DNA test; that during the investigation it was found by the Investigating Agency that the victim was having an old liaison with one Riaz and the petitioner had facilitated only said Riaz and victim in boarding on a bus and that the petitioner is facing incarceration since 4-5-2012.
3. The petition has been opposed by the learned Chief Prosecutor General, assisted by the learned counsel for the complainant, who while relying upon the case of Aman Ullah v. The State (PLD 2009 SC 542), Asad Shah v. The State (2010 YLR 450), Ghulam Fareed v. The State (2010 YLR 1188) and submitted that the petitioner is the person, who had abducted the victim and subjected her to rape, therefore, he is not entitled for the concession of the bail.
4. Parties heard and record perused.
5. The case law cited by the learned counsel for the complainant is distinguishable from the case in hand as in the case of Aman Ullah (supra) the vagina of the victim of the case had admitted two fingers tightly and it was also bleeding whereas in the instant case the victim of ,the case having old healed scars and her hymen was not intact since long. The case of Asad Shah (supra) pertains to a victim having the age of 10/12 years while in the instant case the victim is the major having the age of 18 years as per her CNIC. Similarly, the case of Ghulam Fareed (supra) relates to the minor victim.
6. After discussing the case law submitted by the learned counsel for the complainant, the merits of the case are being considered. This Court is conscious of the fact that the deeper appreciation into the evidence on the record is not permissible at the bail stage but the record discloses that the complainant had made three different versions regarding the occurrence at different forums at different times, which do not co-relate and make the case as highly doubtful. Similarly, the Police Investigations do not support the allegation of rape by the petitioner rather the petitioner has been shown to have facilitated the paramour of the victim for taking her in a bus. Non-availability of any mark of violence on any part of the body of the victim further makes the case of the petitioner as one of further inquiry. Although the victim is supporting the story narrated in the F.I.R. When she made statement under section 164, Cr.P.C: but her refusal to get her DNA test is also another factor bringing the case of the petitioner within the ambit of section 497(2), Cr.P.C.
7. For what has been discussed above, I find it a fit case for grant of bail to the petitioner.
Accordingly the instant petition is allowed and the petitioner Hafiz Sakhawat is admitted to bail on furnishing of bail bonds in the sum of Rs,100,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned trial Court.