ORDER KHALID PAUL KHWAJA, J,,- On 8-11-1993 at Police Station Nawankot Lahore a ease under section 10 of the Offence of Zina (Enforcement ol Hudood) Ordinance, 1979 was registered against Mst. Parveen alias Peeno.
Muhammad Shafique and Javed alias Kaka. It was alleged that on the night between between 29th and 30th October, 199^ Mst. Parveen alias Peeno who was a neighbour of the complainant came to his house and took his daughter Mst. Parveen Akhtar aged 13 years alongwith her to the roof of the house where her brother Muhammad Shafique and his cousin Javed alias K3f
2. Javed alias Kaka accused, petitioner herein, who was arrested on 6-12- 1993 has applied for his bail.
3. I have heard the parties' learned counsel and have also gone through the record.
4. Learned counsel for the petitioner has submitted that during the investigation only Muhammad Shafique accused has been found guilty while the other two accused, namely, Mst.
Parveen alias Peeno and Javed alias Kaka had been declared innocent, that there is an inordinate delay of 9 days in the lodging of the FIR. That the prosecution story was falsified by the medical evidence insofar as no marks of violence were found on the person of the victim and that so far no challan against the petitioner has been submitted.
5. On the other hand learned counsel for the State opposed the bail application and maintained that the petitioner was not entitled to .This concession.
6. Perusal of the record reveals that on 3I-1-1994 Naeem-ul-Hasnain. Inspector CIA, who was investigating the case declared that only Muhammad Rafique was found guilty in this case.
Learned counsel for ^pe petitioner, however, admitted that the petitioner has not been declared innocent in so many words. The doubt, if any. Has been repelled by the DSP, CIA, who also investigated the case and in his Zimni dated 22-6-1994 declared both the accused namely, Muhammad Shafique and Javed alias Kaka guilty of the crime charged against them. In this view of the matter it could not be said that the petitioner had been declared innocent by the investigating agency. Statement of Mst. Parveen Akhtar has been recorded in which she categorically states that she was subjected to Zina-bil-Jabr by Muhammad Shafique and Javed alias Kaka accused. Statements of the complainant, his wife Mst. Manzooran and Amanat Ali PW lend support to her.
7. The victim was medically examined on 8-11-1993. Although no marks of violence were found on her body yet the medical officer opined that she had been subjected .To sexual intercourse.
Vaginal swabs were taken and the Chemical Examiner reported that they were stained with semen. As the medical examination had been conducted about 8/9 days after the occurrence, marks of violence on the body of the victim could not be detected. It is true that the FIR was lodged after 9. Days of the occurrence. The complainant has explained this delay in. The FIR itself which is to the effect that the accused had tried to effect a compromise. During the investigation this fact has been established%id therefore, prima facie the delay has been explained. It will, however, be for the trial Court to examine as to whether the same is plausible or not.
8. As regards delay in the submission of the challan, record reveals that the case has been investigated by five police officers. Learned counsel for the State has undertaken that challan will be submitted without any further loss of time.
9. In view of what has been stated above there is sufficient material on record to connect the petitioner with the crime charged against him. He, therefore, is not entitled to the concession of bail. His bail application is dismissed.