This is second application for bail to Muhammad Yousaf petitioner in case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P.S. Khurarianwala, vide F.I.R. No. 13 dated 25-1--1988.
2. The prosecution case is that the petitioner criminally trespassed into the house of Mst. Shagufta Parveen, forcibly took her to his house and committed Zina-bil-Jabar.
3. Learned counsel for the petitioner submitted that the Chemical Examiner's Report shows that the vaginal swa bs were not stained with semen and this aspect of the case was not considered by this Court at the time of the rejection of the earlier application and that the petitioner is in jail for the last about 7 months and no evidence has been recorded so far. Learned counsel for the State has opposed this application,
4. I have considered the submissions made by the learned counsel for the parties with care. I do not feel persuaded to agree with the learned counsel for the petitioner. I find that the statutory time in conclusion of the trial has not elapsed yet; that although the Chemical Examiner's Report had been received by the police before 26-4-1988 i.e. The date of the hearing of the earlier application, yet this was not brought to the notice of the Courts by the learned counsel for the petitioner that since the Chemical Examiner's report was available on 26-4-1988 when the earlier application was rejected, therefore, it cannot be said that fresh ground has arisen in due course of events which may entitle the petitioner to the concession of bail; that in view of the ample evidence collected by the police with regard to the commission of abduction for Zina-bil-jabar by the petitioner with Mst.
Shagufta Parveen, the solitary circumstance of the negative Chemical Examiner's report, does not constitute a reasonable ground to believe that the petitioner has not committed the alleged offence.
For what has been said above, there being no merit, the petition is dismissed.
M.Y.H./M-1414/L