This is an application for grant of bail to Muhammad Akbar, Moosa and Eissa petitioners in a case under section 10 (3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P.S. Pacca Laran, vide F.I.R. No. 53/89.
2. The prosecution case is that the these petitioners committed rape upon Mst. Irshad Bibi, aged 5/6 years.
3. Learned counsel for the petitioners submits that the petitioners have falsely been involved in the case; that there is a delay of more than a month in lodging the F.I.R.; that there is no evidence of penetration and that the two witnesses namely Khuda Bakhsh and Muhammad Yaqoob have sworn affidavits in favour of the petitioners. Learned counsel for the State has opposed this application.
4. I have considered the matter. I do not feel persuaded to grant bail to the petitioners. It is a heinous crime, Zina-bil-Jabar has allegedly been committed by the petitioners with Mst. Irshad Bibi, a child, aged 5/6 years. Report was made to the police on the same day and Rapt was entered in the Roznamcha. The police got her medically examined on the same day i.e. On 28-1-1989. The F.I.R. Was registered on receipt of Chemical Examiner's report. The medico-legal report shows that her shalwar was blood stained, her legs were stained with clotted blood. The swabs were found stained with semen. It seems to me that Khuda Bakhsh and Yaqoob have been won over by the accused party. Be that as it may the fact remains that the evidence of the complainant, the medical evidence, Chemical Examiner's report and the circumstantial evidence collected by the' police remains intact. That being the position it cannot be said that there are reasonable grounds to believe that the petitioners have not committed the alleged crime.