MUHAMMAD AMIR MALIK, J.- Mst. Nadia complainant lodged the F.I.R. on 1.9.1993 with respect to an occurrence that look place 1 months before the said dale in which she was subjected to rape by the petitioner in his house when she reached there in search of her brother at noon-the. She gave her age as 11/12 years and also claimed to be a student of 5th class while the petitioner was stated to be of 50/60 years and a married person. The explanation for the late loading of the F.I.R was threat extended by the petitioner at the the of the occurrence and her delirium at night calling the name of the petitioner which put the complainant's parents inquiry leading to the divulging the details of the occurrence.
2. The complainant was got medically examined on 5.9.1993, she was observed to be of 15 years of age and sexually well developed so much so that the vagina admitted two lingers. Her swabs were taken and sent to the chemical examiner and slated to be stained with semen.
3. Learned counsel for the petitioner contended that bail petition of one Siddique of the Mohalla was rejected by the learned Sessions Judge and the petitioner being a peon in the office of the District Attorney was suspected by said Siddique to be instrumental for the rejection and for that grudge was falsely involved in the present case. This plea does not seem to have been raised either during the investigation or before the learned Add). Sessions Judge when the bail application was argued, but there is un application in this regard to I.G, Police which was not investigated in view of the fact that challan had already been submitted in Court.
4. Normally no respectable person would put the good name of young unmarried girl at stack but there are palpable circumstances which make the case doubtful. As already observed, the version given in the F.I.R, is incorrect that the complainant is aged 11/12 years or the petitioner is of 50/60 years. She according to the medical evidence is aged about 15 years and sexually well developed.
The petitioner according to the identity card and the police record is aged about 30 years, lt cannot be countenanced that swa bs would be stained with semen even alter I months of the rape.
Possibility of some mis-chief cannot be entirely ruled out. Ln view of all attending circumstances, the case would be of further inquiry. Hence allowed bail in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the Trial Court.