MUHAMMAD MUNIR KHAN, J- This is an application for the grant of bail to Munawar Hussain, petitioner, in a case under section 363-PPC and 10/11 Of fence of Zina (Enforcement of Hadood)
Ordinance, 1979, registered at P.S Kot Samaba, vide FIR No. 131/90. The prosecution case is that the petitioner and his relatives including ladies kidnapped Nadim (son) and Mst, Shahnaz (daughter) respectively of Khushi Muhammad, Complainant, on 27.6.1990. According to the prosecution Mst.
Shahnaz was abducted in order to subject her to Zina Biljabar. It has been stated in this petition that Mst. Shahnaz was sUi-juris of 17 year and she married to the petitioner with her consent on 26.6.1990; Since she had married the petitioner against the consent of her parents so not only the petitioner but his parents, sister and brother were falsely involved in the case; that Mst.Shahnaz in her statement recorded under section 164 Cr.PC has denied the charge of her abduction by the petitioner and that during the hearing of the Writ Petition, under the orders of the High Court the SHO had recorded the statement of Mst.Shahnaz in the Court premises in which she exhonarated the petitioner of the allegation of abduction. On the other hand, the learned counsel for the State assivod hy the learned counsel for the Complainant has opposed this application or It? Ground that according to the birth certificate of Mst.Shahnaz was a minor girl of about 12/13 year of age; and that in her statemen which was recorded by the police after her recovery she has supported the allegations of her and of her brother kidnapping and commission of Zina by the petitioner; and that when she made a statement before the police in the High Court premises and before the Magistrate under Section 164 Cr.P.C, she was under the influence of the accused party.
2. 1 have considered the matter carefully. I find that according to theschool leaving Certificate Marked'A' and the copy of the medicolegal report Marked B' Mst.Shahnaz was about 17 year in age at the time of her alleged abduclion/kidnapping; however, according to the copy of the birth Certificate was about 12/13 years at the time of occurrence; that in her statement recorded by the Investigating Officer in the premises of the High Court, she denied the allegation of her kid- napping/abduction by the petitioner. She had clearly stated in her statement that she had married with the petitioner with her consent; that in her statement recorded by the Magistrate Under Section 164 Cr.P.C she has not supported the allegation of her abduction by the petitioner; that on her request she was placed in Darulaman and therefrom she was taken by her parents to their house and was then produced before the police for statement. This time she supported the story of her abduction/kidnapping by the petitioner and the other members of his family. This will show that she has been making divergent statement at different lime and her age Is year to be determine by a Court of competent jurisdiction. Mst. Shahanaz and Nadim have already been recovered.The petitioner is-in the Jail for about 7-months.
3. Without making any expression of opinion on the merit of the case, I feel that a case for grant of bail has been made out* so he will released on furnishing bail bonds in the sum of Rs.20,000/- with one surity in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Rahimyar Khan.