Petitioner Muhammad Rafique has approached this Court for post-arrest bail in case F.I.R. No, 396/2016 dated 02-08-2016 which was registered at Police Station Shah Rukan-e-Alam, District Multan, for offences under Sections 365-B/376 PPC. As per certificate of the learned counsel for the petitioner, this is the first such petition before this Court.
2. On 02-08-2016 the Complainant lodged the aforementioned F.I.R. alleging that about 20 days earlier he and his family members went to Delhi Gate in connection with the engagement of his sister Mst. Rimsha Mushtaq. His second sister, Mst. Salma Mushtaq, stayed behind and was alone in the house when Mst. Khalida came and took her to her own house at Sharifpura. There she made her sit in a room and herself went out on the pretext that she had to do some household chores. In the meanwhile, the petitioner, who is the husband of Mst. Khalida, came to the room where Mst.
Salma was sitting. Mst. Khalida locked the door from outside and the petitioner committed rape with Mst. Salma.
3. I have heard the learned counsel for the parties and have also gone through the record. At the very outset it is observed that no precise date of occurrence has been 'mentioned in the F.I.R. Even otherwise, as per prosecution's own showing there is a delay of 20 days for which no explanation has been advanced.
4. The prosecution case is full of snags. There is no eye-witness of the occurrence. The entire case is based on the solitary statement of Mst. Salma, the alleged victim, but that too is wavery. Her statements under Sections 161 Cr.P.C. and 164 Cr.P,C. are inconsistent. The Medico Legal Certificate available on the record also does not corroborate her version. She was examined on 02-08-2016 but no mark of violence was seen on any part of her body.
5. Another important feature of this case is that when Mst. Salma was taken to the Woman Medical Officer she told her that she had been raped 20 days back and was pregnant. The Medical Officer referred her to the Radiology Department where her tests were conducted and it was found that she had single alive Iutrauterence pregnancy of eight weeks 3 days + 1 hour. This fact itself shows that Mst. Salma had intercourse much prior to the alleged date of occurrence. All these facts taken together make the case of the petitioner one of further inquiry within the meaning of Section 497
(2) Cr.P.C.
6. For the foregoing reasons, this application is accepted and the petitioner is admitted to post- arrest bail subject to his furnishing bail bond in the sum of Rs, 100,000/- (Rupees one hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court.
7. Needless to say that the observations made in this order are tentative in nature. The learned trial Court shall decide the case strictly on merits without being influenced by them in any manner.