' Petitioner seeks post arrest bail in case F.I.R. No, 308 of 1999, dated 8-7-1999 registered at Police Station Zafarwal, District Narowal, for offences under section 10 read with section 18 of Offence of Zina (Enforcement of Huddod) Ordinance (VII of 1979). According to the complainant, his niece aged 14/15 years was present at her house when the petitioner came into the house, took the girl inside a room by taking her in his clasp and then caught hold of tie-string of her Shalwar and tried to criminally assault her. The alarm raised by Mst. Nasreen attracted the witnesses due to which the accused decamped from the spot.
2. It has been argued on behalf of the petitioner that the dispute between the parties related to construction of a wall and this false case was made against the accused on that account. It was further alleged that Nasreen was aged more than 17 years at the time of incident and was a well grown up girl and that even if the allegations contained in the first information report be given any credence, it would be a case punishable under section 354, P.P.C., which offence was boilable and the petitioner deserved the concession of bail. Learned counsel for the State opposed grant of bail to the petitioner.
3. The case of the prosecution against the accused is that the petitioner finding Mst. Nasreen alone in her house, took her inside the room, threw her on a cot, caught hold of tie-string of her Shalwar and tried to criminally assault her. The record including the statement of Mst. Nasreen does not show that the accused or the victim were undressed at the relevant time. Application of section 10 read with section 18 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, in the facts and circumstances of the case would be a serious moot point at the trial. In Arshad Mehmood and 2 others v. The State (1985 M LD 1075), where the accused had pushed the victim into wheat crop and two of them had secured her arms and legs while the third tried unsuccessfully to remove her Shalwar, but on alarm the witnesses arrived and the accused left her, it was held that this was not a case of attempt to commit Zina and the accused were allowed bail. The precedent case covers the case of the petitioner as well and as such the petitioner is allowed bail in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of trial Court.