FALAK SHER, J.- Bail was sought in the case registered vide FIR No.8 of 7.1.1994 under sections 10\11 of the Offence of Zina(Enforcement of Hudood) Ordinance, 1979 read with section 379 PPC at Police Station Badami Bagh, Lahore alleging abduction of the complainant's only young daughter Khair- un- Nisa 1st Year's student on the afternoon of 2.1.1994 on way to purchase exercise books from local Bazar by the petitioner conjunctively with Dr.Najeeb Ullah co- accused in a cab for illicit fornication.
2. Contending belated recording of the FIR by 5 days, the offences charged are not made out at its best the allegations levelled fall within the mischief contemplated by section 363 PPC which doesn't attract the prohibition perceived by section 497(1) Cr.P.C., enshrining of the abductee's stance in the medicolegal report viz., abduction by two persons and subjection to illicit fornication by only one constitute sufficient ground for further enquiring into petitioner's involvement in the offence charged, on which count he has already suffered 4 months incarceration.
3. With which I am not persuaded because not only the belated reporting of the incident has been sufficiently explained in the text of the FIR itself revealing the complainant a feminine soul's efforts, in tracing out the abductee but also in the attending circumstances doesn't adversely reflects on the prosecution story for the latter consequent upon her recovery from the petitioner alongwith the co-accused's possession on 16.1.1994 while disembarking from a wagon arriving from Faisalabad at the wagon stand adjoining Lahore Railway Station, has categorically deposed her spiriting away by the petitioner together with the co-accused in a cab, administration of an intoxicating drink in Lawrance Garden and upon regaining of the conscious finding herself in a room in Faisalabad where she was subjected to illicit fornication by both the abductors, having no motive to falsely implicate them, factum whereof stands corroborated by the medicolegal report of the Surgeon Medicolegal, Lahore of the even date manifesting old healed up tearing of the hymen coupled with the positive report of the Chemical Examiner qua the vaginal swabs which prima facie constitute reasonable grounds for believing petitioner's involvement in the offence charged falling within the prohibition contemplated by section 497(1) Cr P.C. Renders the petitioner disentitled to be sought for concession. Accordingly, the petition is hereby dismissed.