The petitioner seeks bail in a case registered against him with Police Station Saddar Chiniot, Tehsil and District Jhang, for an offence under section 18 of Offence of Zina (Enforcement of Hudood)
Ordinance, 1979. The case was got registered by Mst. Nasim with the allegation that on 6-8-1990, in the afternoon she was washing utensils inside the Dhari when petitioner scaled over the wall of the Dhari and caught hold of the first informant from her arm and dragging her inside a Kotha, petitioner wanted to rape her. The first informant resisted and raised alarm which attracted Ameer father of the first informant and two others who were working in the nearby field. On seeing witnesses approaching, the petitioner ran away from the spot. While resisting, Dopatta and Shalwar of the first informant were also torn.
Learned counsel for the petitioner contends that the case against the petitioner has been got registered because of enmity. Submits that even if the entire prosecution version is accepted yet it would be a case falling under section 354, P.P.C. Submits that there is an unexplained delay of six days in the registration of case and the prosecutrix was not medically examined at any stage which creates a serious doubt. Contentions have been opposed by learned counsel for the State.
2. I have heard the learned counsel and gone through the F.I.R. The. Allegation against the petitioner is that he dragged the complainant into a Kotha and tried to commit rape. There is no allegation that he tried to take off Shalwar of the first informant or took of her Shalwar. The shirt and Dopatta of the first informant was torn, which cannot indicate that it was an attempt to commit Zina. The case was got registered with a delay of six days and the A prosecutrix was not medically examined.
3. For what has been discussed above, I feel it is a case of further enquiry whether section 354, P.P.C. Would be applicable or not. Therefore the petitioner is allowed bail provided he furnishes security in the sum of Rs.25,000 with two sureties, each in the like amount, to the satisfaction of Assistant Commissioner/Duty Magistrate, Jhang.