' The petitioner has been arrested under sections 10(3), 11 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. He has petitioned for being released on bail.
2. According to the facts stated in the F.I.R. Mst. Parveen Akhtar was going to be married to Haji son of Ghulam Fareed on 5-4-1989. On the night intervening 3/4-4-1989 when she was present in her house and the wedding cermonies were being performed, Mst. Kaneez Bibi and Mst. Nasim Bibi daughters of Ahmad Shah persuaded her to go out to ease herself and they took her to a field where wheat crop had been grown. She hardly sat to ease herself, when Munawar Shah, Muhammad Akhtar son of Ahmad Shah came there. Ali Shah had a pistol in his hand, who intimedated the complainant and took her to his drawing room, where Amanat Dispenser and Bashir Ahmad were also present. She was coerced to thumb-mark plain papers and was then taken to an unknown place by a wagon where she was lodged for three days and Ali Shah committed rape with her during these days. She was got recovered by her father's brother Sardar son of Khuda Bakhsh. According to her she could not go to the police station as she was waiting for the return of her father and she lodged the report on 11-4-1989.
3. It has been submitted that the nikah of the complainant with the petitioner has been proved.
According to the order of the learned Additional Sessions Judge, two nikahnamas were produced before the police, one dated 3-4-1988 and other dated 6-4-1988. Today the learned counsel for the petitioner has disowned the nikahnama dated 3-4-1988 and has asserted that the nikahnama dated 6-4-1988 is a genuine document.
4. As regards the allegation made in the F.I.R. The complainant did not give her consent to nikah and she was subjected to rape by the petitioner. The A allegation against the petitioner is very heinous. I, therefore, reject his bail petition.