' The allegation against the petitioner, Nasir Hussain is that he sexually assaulted the prosecutrix, Mst.Shamim Bano at 1.30 p.m. On 12.3.2014, when she was cutting grass in the fields.
2. After hearing learned counsel for the parties and perusing the record, it is observed that the woman medical officer, while examining the alleged victim did not find marks of violence on any part of her body. The vaginal swa b and a buccal swab of the prosecutrix together with a buccal swa b of Nasir Hussain accused (petitioner) and buccal swab of Umar Hayat, the husband of the prosecutrix were tested by the Punjab Forensic Science Agency for detection of semen and forensic DNA analysis, but it remained unproductive for the prosecution's case, as is evident from the said Agency's report prepared on 14.7.2014, which reads as follows:-- "Item No, Description '
1. One vaginal swa b from Shamim Bano, ' Vl. Buccal swa b standards of Shamim Bano.
' Sl. Buccal swa b standards of Nasir Hussain.
' El. Buccal swa b standards of Umar Hayat.
' Forensic Serological Examination ' Item # 1 was examined for the presence of seminal material.
'Results and Conclusion ' No seminal material was detected on item # 1; therefore no further DNA profiling (STR analysis) was conducted on this item.
' No analysis was conducted on item # Sl, El and Vl."
On receipt of above report, the woman medical officer has opined that no rape had been committed on the examinee. The prosecutrix is a married lady and mother of a child. The Investigating Officer has opined in case diary dated 31.3.2014 that the complainant did not produce any believable evidence against the accused. He, however, deferred recording his final opinion as to guilt or innocence of the accused till receipt of report(s) from the laboratory. As mentioned above, the report received from the Forensic Science Agency is negative and declaration of her final opinion as to commission of rape, by the woman medical officer also does not help the prosecution in any manner. The delay of one day in reporting the crime, in this particular situation, gathers importance. Prima-facie, there exist sufficient reasons to believe that the petitioner's case calls for further probe into his guilt as envisaged by Section 497, Cr.P.C. Therefore, this application is allowed and petitioner is admitted to post-arrest bail subject to furnishing bail bonds in the sum of Rs,2,00,000/- (two lacs) with one surety in the like amount to the satisfaction of the learned trial Court.