KHALID PAUL KHAWAJA, J.- On 19-5-1993 at Police Station Ghaziabad, Lahore a case under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was registered against Muhammad Munir accused at the instance of Mst. Shazia complainant. It was alleged that on 18-5- 1993 the aforesaid accused came to the house of the mother of the complainant, took her into a room, locked it and subjected her to Zina-bil-Jabr. Thereafter when the complainant raised alarm he ran away.
2. The accused who was arrested on 30-5-1993 has applied for his bail.
3. I have heard the parties learned counsel and have also gone through the record.
4. Learned counsel for the petitioner has submitted that there is a delay of about 28 hours in the lodging of the FIR, that there is no eye witness of the occurrence and that the complainant and her mother were women of bad character who have falsely implicated the petitioner in the present case.
5. It is evident from the statement of the victim/complainant that she was alone when the occurrence took place. Her mother had gone out to work while her sister Mst. Sabira aged about 7 years was driven out by the accused from the room where the occurrence took place. In these circumstances she was the only witness of the occurrence. Her statement is corroborated by the medical evidence which is to the effect that she has been subjected to sexual intercourse. There is nothing on record that the complainant or her mother were women of evil repute. The delay in reporting the matter to the police has been explained in the FIR. It would be for the trial court to see if the same is plausible and its effect on the prosecution case. It would not be proper to express any opinion on this subject at this stage.
6. Learned counsel for the accused has further contended that the accused is behind the bars for the last about one year and his trial is not in sight. On the other hand learned counsel for the State on instructions from Muhammad Arif, S.I has informed the court that charge against the petitioner has been framed and the case is now fixed for the prosecution evidence. In this view of the matter trial of the accused has commenced. Since there is sufficient material on record to connect the accused with the offence charged against him and the trial against him has commenced, I do not think this is a fit case for the grant of bail. The petitioner's bail application, therefore, is dismissed.
7. The learned trial court, however, is directed to dispose of the case within three months under intimation to the OSD(Judicial), Lahore High Court.