' A case under sections 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was registered against the petitioner and others vide F.I.R. No,70 of 1998 dated 14-2-1998 at Police Station Qadirpur, District Jhang on the ground that he abducted one Mst. Hussaina Bibi with the help of his. Parents and brother from her husband's house and took her from place to place for about four months and committed Zina-bil-Jabr with her. At one or two occasions, one of his co- accused namely Akbar Ali i.e, his brother also committed Zina with the victim. During the investigation, rest of the accused were allegedly held innocent, whereas, the petitioner was found guilty for which he was challaned to face the trial.
2. Learned counsel for the petitioner has submitted that Mst. Hussain Bibi i.e, the abductee was given in 'Nikah' to the petitioner in accordance with 'Shariah' but later on through "Punchayat', he had to divorce her. Both the 'Nikah' and the divorce were allegedly oral. In support, it was submitted that a suit for restitution of conjugal rights was filed by the petitioner which was later on withdrawn; that the case was registered with the delay of four months and that the medical evidence did not support the commission of Zina with the victim; that the complainant/victim was woman of easy virtues and having no mark of injury on her person, there was no probability of her being subjected to Zina bil jabr; that the petitioner being a young man is behind the bars for about eight months and ought to be released on bail.
3. The petition is opposed on the ground that the petitioner is named in the F.I.R., he had been committing Zina bil jabr with the complainant/victim as long as she remained in his custody for about four months whereafter, she was returned to her parents through the 'Punchayat'; that the petitioner had falsely invented a story of 'Nikah' and divorce in order to save his skin after having been linked with the occurrence through the evidence examined during the investigation of the case.
4. I have considered the foregoing submission and find that although the F.I.R. Is delayed by about 4 months but it was got registered by the complainant/victim herself after she was restored to her parents by the petitioner through the 'Panchayat'. Hence4 the alleged delay will not be very relevant at this stage. The evidence examihed by the Investigating Officer has clearly linked the petitioner with the occurrence and he has been sent up to face the trial in the Court concerned.
The mere fact that his co-accused i.e, his parents, brother and sister were found innocent due to the intervention of the 'Panchayat' during the investigation would not lend any benefit to the petitioner at this stage. The story regarding the 'Nikah' in accordance with 'Shariah' remains unsubstantiated as admittedly, it was oral, whereas, it required registration under the law of the land. The contention of learned counsel for the state cannot be ruled out of consideration that the story of 'Nikah' under 'Shariah' was concocted by the petitioner in order to save his skin from the heinous offence, he had, prima facie, committed.
5. In view of my above discussion, I do not find any good ground to release the petitioner on bail at this stage. The petition is accordingly dismissed.