KHALID PAUL KHWAJA, J.- On 19.12.1993 at P.S Peoples Colony, Gujranwala a case u/s I6 of the Offence of Zina (Enforcement of Hadood) Ordinance, 1979 was registered against Sabir Hussain accused at the instance of Mehboob Elahi complainant. It was alleged that on 7.12.1993 the aforesaid accused while armed with pistol forcibly abducted Mst.Kalsoom Bibi aged about 17/18, the daughter of the complainant from his house in the presence of his daughter in law Mst.
Nasreen and also took away ornaments of the value of Rs. 15,000/- and Rs.9,000/ in cash.
2. During the investigation on 22.12.1993 Sabir Hussain the accused was arrested from his house and Mst.Kalsoom Bibi abductee was also recovered from there.
3. The abductee was sent to Dar-ul-Aman and then was produced before a Magistrate on 27.12.1993 who recorded her statement u/s 164 Cr.P.C. In her said statement she levelled the allegation of Zina-bil-Jabr against the accused.
4. The accused has applied for his post-arrest bail.
5. I have heard the parties learned counsel and have also gone through the record.
6. Mst. Kalsoom Bibi, the abductee was medically examined on 27.12.1993. The woman Medical Officer gave the following opinion:- "Hymen not intact. There is no fresh tear. Two old healed hymenal tears present at 5 O'clock position. Vagina admits two fingers easily. In my opinion, she has been subjected to sexual intercourse (Rape)".
Her vaginal swa bs were also taken and sent to the Chemical Examiner for analysis. The Chemical Examiner has reported that they were stained with semen.
7. In her statement u/s 164 Cr.P.C the abductee has supported the allegation contained in the FIR to the effect that the accused had abducted her at pistol point She further stated that he took her to different places where she was subjected to Zina against her will and without her consent.
8. There is no substance in the contention of the learned counsel for the petitioner that the prosecution version has been found to be false during the investigation. The fact of the matter is that the petitioner has been found guiIty. He is therefore, being challaned. There is sufficient material on record to connect him with the offence charged against him. In this view of the matter when there is serious allegation of zina against the petitioner which finds support from the medical evidence, this is not a fit case for bail.9. Consequently, the bail application is dismissed.