Mst. Bhagan complainant is aged about 10 years. When on 3-4-1990 at 9-30 p.m. She was present at her house alone, she was picked up by the petitioner aged about 45/46 years, a neighbour, taken to his house, and Zina was committed with her. Her shrieks attracted the two P.Ws. And the petitioner ran away. On these facts, matter was reported to the police on the next day at 8-54 a.m.
And it is there in the statement to the police that the family members of the petitioner had been trying to prevail upon the parents of the victim not to report the matter to the police.
2. Mst. Bhagan was taken to the hospital on 5-4-1990 by the police and got medically examined at 5 p.m. The doctor noted her age as about 10 years, her private parts not developed including the breasts and she was bleeding from the vagina, opinion was also given that an attempt of Zina had been made.
3. The present petition is pressed on the ground that the statutory period of one year had elapsed while the learned counsel for the State has pointed out the barbarous nature of the offence and inefficiency and dishonesty of the local police and the District Attorney Branch. .
An accused is to be released on bail if trial is not concluded within the statutory period but an aggrieved person/citizen has the fundamental right under the Constitution that if any crime is committed against him/her, the trial must be held in accordance with law. If the holding the trial is defeated mala fide, dishonestly and fraudulently then the fundamental right must be protected. It seems that in the present case fraud is being played upon the administration of criminal justice.
4. The Sub-Inspector informs that the challan was submitted in the District Attorney's Branch on 9- 5-1990 and it was returned on 6-11-1990 by an Additional District Attorney with the objection that the medical-examination of the petitioner/accused had not been got done. Does the Additional District Attorney think that every male in the country and of the age of 45/40 years had gone impotent whenever bleeding from the vagina and the attempt at Zina had been made? There cannot be any better example of lame excuse prima facie than the one raised by the Additional District Attorney.
5. The sad state of affairs does not end in the District Attorney's Branch. It extends to the police station concerned as well. On receipt of the record the S.H.O. Marked the case to Ali Hussain Sub- Inspector on 11-11-1990. On the very day the Sub-Inspector reported back that if the claim of the petitioner was that he was impotent, the Court itself could get the medical examination done. The man was right in saying so. The papers do not speak further as to how the S.H.O. Dealt with the matter and why the record is still with the police.
6. The District Attorney Branch and the S.H.O. Could not have conducted in the matter they have unless someone was pulling the strings. What was/is the motive of the two agencies can be determined after regular inquiry. Prima facie both failed in the due discharge of their duties. It is therefore, ordered that the S.S.P., Faisalabad would hold an inquiry against the delinquent S.H.O./Police Officers. Solicitor to Government of Punjab also to hold regular inquiry against the District Attorney and the Assistant District Attorney. They would report within a month as already observed.
No ground for grant of bail is made out and petition is dismissed. It is further ordered that the challan would be submitted in Court within two days without the intervention of District Attorney Branch.
N.H.Q./S-112/L