' Nazir petitioner has moved this petition for bail in a case registered against him under Articles 10 and 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The F.I.R. Was lodged by Mst. Nur Bakht wherein she alleged that on 3-8-1984 at about evening time when she was proceeding towards her house the petitioner forcibly lifted her to a room of his house, unstringed her Shalwar and attempted to commit Zina-bil-Jabr with her. Her father Sadiq, Nur Muhammad son of Aadil and Nur Muhammad son of Amir got attracted to her alarm and on seeing them the petitioner fled away.
' After making the F.I.R., she made a supplementary statement to the effect that the petitioner had actually committed Zina-bil-Jabr with her but due to shyness she did not mention this fact in the F.I.R. As his father was present when the same was being recorded.
2. Learned counsel for the petitioner contends that there is delay of more than twenty-four hours in making the F.I.R., the prosecutrix was medically examined seventy-two hours after the occurrence and she made contradictory statements regarding the commission of Zina-bil-Jabr, therefore, the petitioner is entitled to the concession of bail. The learned counsel for the State has opposed the prayer for bail.
3. I have gone through the relevant material. Mst. Nur Bakht is an unmarried girl. She was medically examined on 6-8-1984. Her hymen was torn and the tears were fresh. According to the doctor, she had been subjected to sexual intercourse. It is the case of a single accused. The delay in the F.I.R.
And the medical examination per se does not furnish any ground for the grant of bail. It is true that in the supplementary statement the prosecutrix stated that the petitioner had committed Zina-bil- Jabr whereas in the F.I.R. She only made mention of an attempt but she has given a reasonable explanation for this omission in the F.I.R. She is not shown to have any motive to falsely implicate the petitioner. In the circumstances, it is not a fit case for the grant of bail. The petition is dismissed.