KHALID PAUL KHWAJA, J.- On 9.9.1992 at Police Station Wahdat Colony, Lahore a case u/s 11 of the Offence of Zina (Enforcement of Hadood) Ordinance, 1979 was registered against Saifullah, Nasrullah and Waris Khan accused at the instance of Mukhtar Ahmad. It was stated that the complainant's niece Mst. Shafqat Parveen aged about 14 years was missing from the house since 7.9.1992. It was suspected that she had been abducted by the aforesaid accused.
2. On 5.1.1.1992 Mst. Shafqat Parveen the abductee got herself admitted in the local Dar-ul-Aman alleging that due to the maltreatment of her step mother she had shifted to the house of her uncle (the complainant) on 2.10.1992 and that due to the torture of his uncle and aunt she had come to the Dar-ul- Aman.
3. On getting information about the presence of the abductee in the Dar-ul-Aman the police contacted the concerned authorities and took her into custody on 11.10.1992. She was produced before a Magistrate on 12.10.1992 who recorded her statement in detail u/s 164 Cr.P.C.
4. In her statement u/s 164 Cr.P.C, she alleged that she had been forcibly abducted by her neighbour Gul Agha Anjam and his friend Noor-ul- Hassan. She was taken to different places from Lahore to Karachi during which Mst. Shehnaz the wife of Gul Agha Anjam also joined them.
According to her she was subjected to Zina-bil-jabr, by the said Gul Agha Anjam and Noor-ul- Hassan. it is also in her statement that while in Karachi she received the telephone call from Mst.
Najam-un-Nisa alias Shama the sister of Gul Agha Anjam who informed her that her family was after her and she would be done to death. She further told the abductee that she would be killed if she ever gave a statement against her brother.
5. In view of the said statement the accused mentioned in the FIR were declared innocent and got discharged and in their place Gul Agha Anjam, his wife Mst. Shehnaz, his sister Mst. Najam-un-Nisa alias Shama and friend Noor-ul- Hassan were booked.
6. Noor-ul-Hassan accused, petitioner herein, who was arrested on 9.4.1994 has applied for his bail.
7. I have heard the parties learned counsel and have also gone through the record.
8. Learned counsel for the petitioner submitted that this was a case of no evidence, that the statement of the abductee could not be said to be voluntary as she had made the same while in police custody and that the petitioner had been falsely implicated at the instance of Mst. Shafqat Parveen who was a woman of easy virtues.
9. The abductee is aged about 14 years. She was medically examined on 12.10.1992. The said examination revealed that her hymen was torn and the tears were healed up. Her vaginal swabs were taken which were found stained with semen and blood. I have perused the statement of the abductee which the learned Ilaqa Magistrate had recorded u/s 164 Cr.P.C. Prima-facie there is nothing in the said statement to show that the same was not voluntary. Besides statement of the abductee has also been recorded u/s 161 Cr.P.C. These statements coupled with the medical evidence sufficiently connect the petitioner with the offence charged against him. Specific allegation of Zina-bil-jabr has been levelled against him. In these circumstances this is not a fit case for grant of bail. Bail application is dismissed.