RASHID AZIZ KHAN, J.- Petitioner seeks bail in a case registered against him and another with Police Station Baghbanpura, District Lahore, for an offence under section 10 Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The case was got registered by Ayub Hussain with the allegation that on 10-4- 1993, at about 12 noon, he came to the house and found that his daughter Mst. Asima, aged 6/7 years was not at home. He came out from the house to locate her. He asked his neighbour who showed ignorance about her. While he was searching he came to the house of Muhammad Siddique. He heard cries of his daughter from inside. They entered the house whereupon one Muhammad Ashraf who was standing in the court-yard ran away. They peeped inside the room through the door and saw Muhammad Jamil petitioner raping the girl. They opened the door and entered and saw the girl was smeared with blood. Petitioner managed to run away.
It was contended by learned counsel lor the petitioner that petitioner, was allowed bail by Additional Sessions Judge but subsequently it was cancelled. Contends that the petitioner is entitled to the concession of bail because he is not required lor purpose of investigation anymore.
Submits that the trial has not commenced and the petitioner is not responsible for taking any adjournment. Submits that the petitioner himself is minor, therefore, entitled to the concession of bail. Contentions were opposed by learned counsel for the State as well as for the complainant.
2. I have heard the learned counsel at length and gone through the the. Petitioner is named in the FIR. Father of Mst. Asima, a child aged 6/7 years, had witnessed the occurrence himself. Report of the Chemical Examiner is that the child was subjected to rape. As for the age of the petitioner is concerned he had obtained bail on account of furnishing a forged School Leaving Certificate. It was lound forged and his bail was cancelled. Petitioner had committed fraud with the Court and on that account also he is not entitled to the concession of bail.
3. For what has been discussed above I find no merit in the petition which is accordingly dismissed.