JUDGMENT CHAUDHARY KHURSHID AHMAD J.- Muhammad Shafique complainant made an application to SHO P.S. Sadar Wazirabad, on the basis of which F.I.R. No. 249/94 was registered u/s 10/11 of the Offence of Zina(Enforcement of Hudood) Ordinance, 1979. In the said application Shafique complainant has alleged that on 17.11.1994 his daughter Mst. Ghulam Bibi went to the house of Muhammad Riaz son of Barkat Ali after informing his were; She did not return till 3/4 p.m.
On search being conducted he was informed by Muhammad Aslam son of Abdul Rehman's and Muhammad Aslam son of Ahmad Din PWs that they had seen Mst. Ghulam Bibi standing at the bus stop in the company of Muhammad Riaz, Muhammad Faryad and Niaz Ali son of Barkat Ali waiting to board bus for Sialkot. It was further alleged that Muhammad Riaz, Muhammad Faryad and Niaz Ali had abducted Mst. Ghulam Bibi in complicity with Rashida Begum were of Barkat Ali and Naheed Akhtar were of Niaz Ali.
2. The police found Faryad Ali, Niaz Ali, Naheed Akhtar, Rashida Begum innocent in the. Case and Muhammad Shafique complainant also agreed with the result of the investigation and he did make a statement. Muhammad Khalid son of Muhammad Ibrahim and Muhammad Javid son of Manzoor Hussain were however arrested as abetters of Nikah. The bail application was dismissed by Additional Sessions Judge, Gujranwala on 9.1.1995 and they had moved an application for their bails bearing No. 308-B-95.
3. The Investigating Officer appeared in Court on 7.2.1995 and admitted that on verification, he had found that Nikah in fact was performed and the same was duly entered and registered with the Union Council. On 12.2.1995 the petition for bail was converted into one for quash ment and notices were issued. The complainant was also ordered to be summoned.
4. The learned counsel for the parties and that of the Slate have been heard. Record has also been perused.
5. Nikah in the present case took place on 17.7.1994 and the same was found to havc. Taken place, in fact, entered and registered with the Union Council. FIR was lodged on 17.11.1994 and the complainant had alleged that the occurrence took place on said date It is however admitted by the complainant himself that Mst. Ghulam Bibi had gone to the house of Riaz of her on after informing his were. The irresistable assumption would be that Mst. Ghulam Bibi who had already contracted marriage four months prior to the registration of the case had opted to go to the house of her husband of her on free will and there was no element of abduction as given for the purpose of commission of zina.
6. The allegation as against Faryad Ali, Niaz Ali, Nahecd Akhtar and Rashida Begum were found to be false during the investigation and Shafique complainant had not raised any objection to the said conclusion. The allegation against Muhammad Khalid petitioner was that he was "Wakeel" of Mst. Ghulam Bibi at the lime of performance of Nikah. Muhammad Javid was alleged to have participated in Nikah ceremony and was a witness to that effect.
7. The Nikah of Mst. Ghulam Bibi, alleged abductee, having been proved to have taken place on 17.7.1994 which thereafter was duly entered and registered wit Union Council. The clement of corpus delicti was absent and the prosecution had no legs to stand. Reliance is placed on Syed Fiaz Hussain Samdani Vs. The State (1982 P.Cr.L.J. 72<>) and Muhammad Sabai and others Vs. The State < 1988 P.Cr.L.J.' 1429).
8. In view of the above the FIR No. 249/94 registered at P.S. Sadar Wa/.Irabad on 17.11.1995 on the basis of the written statement submitted by Muhammad Shafique son of Muhammad Sharif u/s 10/11 of the Offence M Zina (Enforcement of Hudood) Ordinance, 1979 is quashed.