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1987 P C r. L J 964

JEHANGIR vs THE STATE-

Citation1987 P C r. L J 964
CourtLahore High Court
Case No.Criminal Miscellaneous No. 268/B of 1987
Date1987-02-11
Judge(s)Sh. Ijaz Nisar
ResultBail granted

ORDER

Jahangir petitioner seeks bail in a case under Articles 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

The prosecution is that on 16-8-1986 Jahangir and four others abducted Mst. Kaneez aged 19 years and later took her to various places and subjected her to Zina-bil-Jabr. On 19-8-1986 she was able to get herself released and came back to her house and informed her father. She got herself medically examined on 23-8-1986. The petitioner was arrested on 3-11-1986.

2. It is stated that the case is based on false allegations and co-accused of the petitioner have been found innocent and further that excepting the solitary statement of Mst. Kaneez there is no other evidence to prove the commission of Zina-bil-Jabr with her. Her statement was not considered true in respect of 7 co-accused who have been fount innocent. It is further stated that the medical evidence does not support her because no marks of violence were found on her person. It is stated that there is no independent corroboration of her testimony against the petitioner. It is further stated that there is an unexplained delay of about 28 days in reporting the matter to the police.

Keeping in view the circumstances discussed above, it is a easel of further inquiry. Accordingly, I admit the petitioner to bail in the sum of Rs.10, 000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Chiniot.

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