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K.L.R 1989 Shariat Cases 44

MUHAMMAD SULEMAN vs THE STATE

CitationK.L.R 1989 Shariat Cases 44
CourtLahore High Court
Case No.Criminal Misc. No.472-B of 89,
Date1989-02-27
Judge(s)Tanvir Ahmed Khan
ResultN/A

ORDERTanvir Ahmed Khan, J.- The petitioner has applied for post arrest bail in a case registered against him vide F.I.R. No.22,2,88 dated 22-6-1988 u/s 10/11/7/79 Hadood Ordinance at police at police station Shahdara, Lahore.

2. The F.I.R, in this case was registered at the instance of one Mst. Bashiran Bibi widow of Muhammad Ashraf stating therein that the petitioner with the help of one Mst. Bushra Bibi enticed away her 13 years daughter Imtiaz alias Rani on 18th of June, 1988. The learned counsel has argued that there is a delay in lodging the F.I.R, and medical examination was conducted two days after the registration of the case. The Investigation Officer is present. Learned State counsel has stated that the girl was recovered on 27th of June 1988 and her statement u/s 164 Cr.P.C, was recorded. In that statement she had categorically stated that the petitioner kept her in illegal confinement for five days and during all this period committed zina bil-jabbar with her. The learned state counsel has argued that the informant who is a widow lady was herself approaching the co-accused Mst.

Bushra for the restoration of the abductee and uItimately when she could not get her daughter restored she approached the police authorities. The petitioner has committed zina-bil-jabbar with a young girl of 13 years of age. The other arguments respecting belated F.I.R, and medical examination would appropriately be deaIt at the time of trial. Keeping the circumstances of this case and the evidence so for collected the involvement of the petitioner is apparently brought on record. The offence is of serious nature as the petitioner has committed Zina-bil-jabbar with a young girl of 13 years. In the circumstances the bail is dismissed.

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