FALAK SHER, J.- Petitioner, complainant of the case registered vide FIR No. 383 of 22.11.1996 under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 Police Station Cantt.
Sialkot alleging subjection of her minor daughter Mst. Samina Bibi 13/14 years old to illicit fornication by Shahzad respondent 6/7 months prior to the reporting of the incident precipitating into her pregnancy, aggrieved by granting of bail to the respondent by a. Learned Additional Sessions Judge Sialkot vide the impugned order dated 10.2.1998 primarily for his reported incompetency to cause pregnancy has recoursed to the present petition tending to seek cancellation thereof urging that the same grounds having explicitly been turned down vide Crl. Misc. No. 1048-B of 1997 on 8.5.1997 in the following terms:- "Petitioner having been arrested in the case registered vide FIR No. 383 of 22.11.1996 under section 10 of Offence of Zina (Enforcement of Hudood) Ordinance 1979 at Police Station Cantt. Sialkot alleging subjection of the complainant's minor daughter Samina Bibi aged 13/14 years 6/7 months preceding reporting of the occurrence, to illicit fornication culminating into her pregnancy, has sought bail.
Contending unexplained belated recourse by 7 months, incompetency to cause the pregnancy on account of opined sufference from oligospermia viz, insufficiency of the sperm Count, the detected semen in the victim vaginal swa bs is either a pedding or suggestive a woman of easy virtue.
With which I am not impressed because the allegations levelled have been vouched by the affirmative statement of the victim qua. Whom neither any enmity nor malicious involvement has been averred in the petition nor spelt out at the rostrum, despite the query, impelling her to falsely implicate the petitioner screening out the real culprit, corroboration whereto stands furnished by the medical evidence as to the victim's pregnancy and the petitioner being capable of performing sexual intercourse by to doctors, which prima facie constitute reasonable grounds for believing petitioner's involvement in the offence charged falling within the prohibition contemplated by section 497 (1) Cr.P.C, renders him disentitled to the sought for concession.
Whereas the banked upon deficiency can't be pressed into service for the complained of incident reported to have occurred 9 months preceding the test; therefore, the interest of justice would seem to be better served if the case is expeditiously disposed of.
Consequently, declining bail, the learned trial Court seized of the lis is required to finalise the proceedings exploring the possibility of out of tum trial." were not adverted to which has patently prejudiced the trial already half way through thus has caused miscarriage of justice.
2. Factum whereof could not be dislodged by the learned counsel for the respondent having joined the proceedings pursuant to notice.
3. Consequently granting the petition the impugned order is hereby recalled requiring the trial Court to expeditiously conclude the proceedings.