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1986 MLD 2911

GHULAM MUSTAFA vs THE STATE

Citation1986 MLD 2911
CourtSindh High Court
Case No.Criminal Bail Application No,1482 of 1986
Date1986-10-28
Judge(s)Abdul Qadeer Chaudhry
ResultBail allowed

ORDER

1. ' The F.I.R. Was lodged on 16-8-1986 under section 10(3), Zina Hudood Ordinance, 1979 by the father of the girl wherein he has stated that on 15-8-1986 his girl had gone to the house of the accused to fetch money but she did not turn up. She returned to the house of her parents on the next day at 10-30 a.m. And informed that the applicant had confined her wrongfully and at show of force had committed sexual intercourse with her. Her 164, Cr.P.C. Statement was recorded where she has supported the allegation. She was sent to the Doctor for medical examination and according to the report of the Doctor, the hymen of the lady had old, healed tears at 2, 3, 7 and 9 o'clock position and vagina admitted two fingers easily and congested and according to the doctor's report she was habitual to sexual intercourse.

2. ' The learned counsel for the applicant has referred to the complaint moved by the applicant along with other Mohallah people on 10-7-1986 against the complainant, his wife, his daughters and his accomplices for taking legal action as they had opened a prostitution den. Therefore, the contention of the learned counsel that the applicant has been falsely implicated, requires consideration.

3. ' The learned A.A.-G. Has not opposed the bail application.

4. ' The applicant is admitted to bail. He will be released on furnishing surety in the sum of Rs,10,000 (Rupees ten thousand only) and P.R. In the like amount to the satisfaction of the trial Court.

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