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1993 P Cr. L J 2110

AMAN ULLAH and anothers vs THE STATE

Citation1993 P Cr. L J 2110
CourtLahore High Court
Case No.Crl. Misc. No,4593-B of 1992
Date1992-10-21
Judge(s)Ausaf Ali Khan
ResultBail granted

ORDER

' The complainant Muhammad Nazir found his daughter Mst. Somera missing from his house, he, therefore, started search. After having failed to trace her out, he reported the matter to the police on the 3rd of August, 1992, whereupon a case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 was registered with Police Station Model Town, Gujranwala against the petitioners and others on the allegation that as per statements of Muhammad Ali, Sarfraz and Salcem Muhammad the abductee was seen in company of the petitioners and their co-accused.

2. After recovery the statement of Mst. Somera was got recorded under section 164, Cr.P.C. It appears from her statement that she of her own free will had eloped with the petitioners, came to Lahore and after visit to the Zoo they all came back to Gujranwala. While Mst. Somera was on way back home she was accosted by one Irshad who took her to a house where he confined her for three days and committed Zina with her. Since no overt act had been attributed to the petitioners and they had not used violence on her, therefore, it is open to doubt if she had been seduced to illicit purpose to attract mischief of section 11 of the Ordinance VII of 1979. The petitioners are behind the bars since a considerable period. Therefore, they are admitted to bail subject to their furnishing bonds in the sum of Rs,20,000 (Rupees twenty thousand only) each with one surety each in the like amount to the satisfaction of the Assistant Commissioner/Illaqa Magistrate, Gujranwala.

Cited by 1 case

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