1. ORDER FAISAL ARAB, J. - The Applicants are booked in Crime No. 158 of 2011 under Sections 376, 506, 504, 34, P.P.C, of Police Station Bulri Shah Karim.
2. In the F.I.R, it is alleged that the Applicants committed Zina-bin-Jabr against Mst Kulsoom one month prior to the registration of the F.I.R, It appears from the contents of the F.I.R, that the alleged incident occurred in early November, 2011, whereas the F.I.R, was lodged on 2.12.2011 and after very next day of the lodging of the F.I.R, medical examination of the victim lady was conducted but it was opined by the Medical Officer that on account of inordinate delay In the examination it cannot be seen that there was any mark of struggle to establish Zina-bin-Jabr.
3. The victim lady herself in her 164, Cr.P.C, statement before Judicial Magistrate on 10.12.2011 did not disclose even the approximate date on which the alleged incident had taken place but th?Re is mention of a date to be 27th on which date she managed to leave the place of her residence alongwith her family members, and thereafter lodged F.I.R. On 27th when she with her family went to live some where else can be taken as 27th of November, 2011. Even on 27.11.2011 or soon thereafter, no F.I.R, was lodged until 2nd of December, 2011 which is more than 5 days from the date when the alleged victim was in a position to lodge the F.I.R. This delay prima facie creates doubt.
4. Learned A.P.G, also states that there is no material with the prosecution to connect the Applicant with the alleged crime except the statement of the lady and that too was recorded after considerable delay. He extends his no objection for grant of bail.
5. In view of the delay in lodging of the F.I.R, as discussed above and the medical report in the negative, the interim pre-arrest bail granted to the Applicants is confirmed on the same terms and conditions.
6. The criminal bail application stands disposed of.