Munir Ahmad petitioner has sought his post-arrest bail in case F.I.R. No,239 registered at Police Station Sadda? Pakpattan Sharif on 16-5-2001 for offences under sections 11/10(2) Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979.
3. The precise allegation against the petitioner is that Mst. Kalsoom Bibi, niece of the complainant was forcibly abducted by the petitioner and two others and subsequently Mst. Kalsoom Bibi informed the complainant that the petitioner and his other co-accused committed rape with her.
4. The petitioner was arrested in this case on 23-5-2001 and is in judicial lock-up.
5. I have heard the learned counsel for the parties and have also perused the record of the case.
6. It has been noticed that the matter was not reported to the police for two months. Admittedly Maqbool Ahmad and Shan co-accused who were assigned the similar role were found to be innocent by the police during investigation, that during investigation section 10(2) of the Ordinance was added which takes away the element of rape. According to the police record the petitioner at the time of his arrest was aged about 16/17 years while according to the school leaving certificate which has been placed on the record, the petitioner was about 15 years of age at the time of commission of offence and, therefore, was a minor. Considering all the circumstances of the case I admit the petitioner to bail subject to his furnishing bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the trial Court.