Abdul Razak A. Thahim, J-This is an application for bail on behalf of Muhammad Boota, in a case registered under section 10(3) & 18 of Offence of Zina (Enforcement of Hudood) 1979.
The case of prosecution is that applicant is a Tailor. Mst. Taj Bibi complainant had given her clothes for sewing and on 11-6-86 the went to his shop to bring her clothes. Applicant asked her to go upstairs and bring clothes from his house at the top of the building. She went and came back and informed applicant that room is locked. Thereafter applicant went upstairs and returned. He told complainant to go in the room at the top where his wife is sewing the clothes. The complainant went in side the room where ca-accused Zainuddin was sitting He forcibly committed Zina-Bil- Jabr on the complainant. In the meanwhile applicant also reached and tried to commit Zina-Bil- Jabr on her but she raised cries whieh attracted Mohalla people who caught the applicant and took him at the police station where Mst. Taj Bibi lodged the report.
2. It is contended by Mr. Wazir A.I that applicant had gone to the wrong flat therefore co-accused Zainuddin committed rape n her. It is argued that applicant is only charged for the abetment the offence.
3. Mr. Syed Sarfraz Ahmad AAG has vehemently opposed the bail and submitted that there was no other room on the top except the house where complainant was directed to go. It is contended that applicant Boota also tried to out-rage modesty of the complainant. He is also responsible for sending Mst. Taj Bibi to a room where co-accused Zainuddin was already sitting.
4. There is an allegation in the FIR that applicant directed Mst. Taj Bibi and on bis pointation she went to a room where Zainuddin committed Zina Bil Jabr on her. There is nothing on the record to indicate that there was any other room on the top floor where wife of the applicant was sewing the clothes. The learned counsel appearing for the applicant has not been able to point out if there was other house at the place where Mst. Taj Bibi was directed to go. Not only this but the allegation is that after some time applicant also went to the room and locked the door. He tried to commit Zina Bd Jabr but on the cries mohalle people came and he was apprehended and produced before the police. Presence of Mst. Taj Bibi and applicant Boota is admitted at the wardat It is pity that due to the acts of Tailor the alleged victim was subjected to sexual inter course against her wishes. The case is serious of nature. There is no reason for Mst. Taj Bisi to implicate the accused. I am of the view that this is not a fit case for bail. Application is dismissed.