MIAN NAZIR AKHTAR, J.- The petitioner seeks bail in a case registered against him vide FIR No.211 dated 3.8.1993 for an offence u\s 10 of Ordinance VII of 1979 at Police Station Old Anarkali Lahore.
2. The petitioner is the proprietor of Shakeel Enterprises Neela Gumband Lahore. He is said to have employed Mst. Nasreen as Lady Manager on 23.1993 and subjected her to Zina bil jabar. The victim was medically examined by the Women Medical Officer, Police Dispensary Neela Gumband Lahore who obtained her vaginal swa bs and sent the same to the chemical examiner whose report is in the positive.
3. The petitioner's learned counsel strenuously urged that the FIR was lodged with the delay of about 9 hours and that the complainant was merely black-mailing the petitioner to contract marriage with her; that there was no independent witness of the occurrence and the solitary statement of the complainant remained uncorroborated; that the petitioner was behind the bars for the last 10 months without any valid remand order, hence his detention in the Jail was illegal On the other hand the learned State counsel opposed the petition on the ground that life of the complainant, an orphan girl had been ruined by the petitioner by subejecting her to rape. He submitted that the victim was an ummarried girl aged about 22 years and the medical report and that of the chemical examiner had confirmed that sexual inter-course was committed with her; that the delay in lodging the FIR had been properly explained as the complainant, at first, informed her sister about the occurrence in the evening and then lodged the report at 130 A.M. In the night of 3.8.93; that the delay of a few hours, in the circumstances of the case, did not create any doubt about the veracity of the complainant; that the petitioner had been remanded to judicial lock up under the orders of the competent court, hence his confinement in the Jail could not be termed as illegal.
3. The material on the record shows that after the occurrence the petitioner reached her house at about 530 p.m. And narrated the whole story to her sister Mst. Shameem. She was extremely frightened and must have taken some the to compose herself. She took her sister with her and both of them went to report the matter to the police at mid-night. Under the circumstances, the delay of a few hours does not appear to be sufficient to doubt the prosecution story.
4. Apparantly, there is no motive on the part of the complainant to falsely implicate the petitioner.
She had gone to the petitioner's office for getting employment and after being given the job of Lady Manager, was subjected to zma-bil-jabr. Her medical examination showed fresh tears of hymen. Even blood was oozing out from the tears. The vaginal swabs, as per the report of the chemical examiner, were stained with semen. Prima facie, the petitioner appears to be guiIty of the offence alleged against him. The mere fact that the petitioner is behind the bars for the last 10 months is not sufficient, in the circumstances of the case, to entitle him to the concession of bail.
The petitioner has been remanded to the judicial lock-up under valid orders of the competent Court and there is no substance in the argument of the petitioner's learned counsel, that his confinement in the jail is illegal.
5. For the foregoing discussion, 1 do not fmd any merit in this petition which is dismissed.