This is a petition for bail submitted by Zulfiqar Ali, petitioner, who is involved in the offences punishable under section 10/I1 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, arising out of F.I.R. No. 454 dated 18th August, 1982.
2. 1t is alleged in the F.I.R. Lodged by Rahim-ud-Din that his daughter Mst. Shahnaz was abducted by the petitioner with aid and abetment of Mst. Maqboolan Begum and Mst. Khalida Begum, the co--accused and that subsequently he subjected the abductee to rape.
3. Mst. Khalida Begum and Mst. Maqboolan Begum, co-accused have already been released on bail by the learned Additional Sessions Judge, Faisalabad.
4. It is contended on behalf of the petitioner that the abductee mad divergent statements inasmuch as in - her statement dated 17th August, 1982 made before the Duty Magistrate, Lahore, she disclosed that her step parents subjected her to torture and wanted to give her in marriage to an undesirable person and, therefore, she being sui juris aged about 19/20 years left of her own the house of her parents. She requested for being sent to Darul Aman. Subsequently after having been recovered from Darul Aman she, in her statement recorded under section 164, Cr. P.C. Incriminated the petitioner of her abduction and forisubjecting her to zina. The abductee has not been medically examined for the determination of her age.
5. In Ghulam Rasool and 6 others v. The State (1972 P Cr. L J 565) it was held that as the abductee bad made a statement favourable to the accused immediately after the occurrence he was entitled to be released on bail. In Falak Sher v. The State (P L D1982 F SC 240) the abductee had made a statement before a Magistrate completely exonerating the accused/appellant of all criminal liability and her story as put up at trial being not corroborated by any evidence it was held that the appellant was entitled to acquittal.
6. In the above circumstances and without prejudice to the merit of the case the petitioner is admitted to bail in the sum of Rs. 20,00 with one surety in the like amount to the satisfaction of the Assistant Com--missioner, Faisalabad.