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K.L.R. 1994 Shariat Cases 134

RAB NAWAZ (Alias) ZAFRA vs THE STATE

CitationK.L.R. 1994 Shariat Cases 134
CourtLahore High Court
Case No.Crl. Misc. No. 2639/B of 1994,
Date1994-07-11
Judge(s)Muhammad Zubair
ResultN/A

ORDERSLM. ZUBAIR, J.- The petitioner who is involved in a case under sections 338-B/319 PPC and later on amended to section 10(2) of Ordinance VII of 1979, arising out FIR No.88/94, dated 20-3- 1994, registered at Police Station City Depalpur, District Okara, seeks to be admitted to bail.

2. Learned counsel contended that the petitioner is not named in the F.I.R. On the contrary, one Pervaiz Ahmad, who was the owner of the brick kiIn committed fornication with Mst Sakina whereupon she got pregnancy and when she wanted to get rid of pregnancy she died due to that complication. He further contended that the police approximately one month after the occurrence, recorded the statements of two persons, namely, Rao Umar Hayat and Muhammad Ishaque on 20- 4-1994 to the effect that actually it was the petitioner who committed Zina with Mst. Sakina, whereby she got pregnancy. According to the learned counsel, these two persons are close associates of Pervaiz, the principal accused, who was got discharged; hence the case against the petitioner is one further inquiry as in the absence of any corroborative evidence it cannot be said with certainty that the petitioner committed Zina with Mst Sakina which resuIted in her pregnancy.

3. Learned counsel for the State assisted by the police officer has conceded this fact that the principal accused was arrested on 2-5-1994 and was got discharged on 3-5-1994, on the basis of statements of the witnesses mentioned above.

4. I have heard the learned counsel for the parties and have perused the record.

Admittedly, there is no direct evidence against the petitioner. It appears that in order to oblige Pervaiz, the principal accused, nominated in the FIR, the police mala fidley recorded the statements of Rao Umar Hayat and Muhammad Ishaque at a belated stage i.e. On 20-4-1994, whereas the FIR was recorded on 20-3-1994 to make the petitioner as a scapegoat. Thus the case against the petitioner is one of further inquiry, so the petitioner is admitted to bail in the sum of Rs. 20,000/- (twenty thousand only) with one surety in the like amount to the satisfaction of the A.C. Depalpur.

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