'Rahat Masood petitioner and three others are accused of the offences under sections 392, 394, 397, 376, 368 and 366, P. P. C. Except Munawwar the remaining petitioners are accused of rape on Miss Anne. The case was registered against them at Police Station, Abpara, Islamabad on 30.12- 1976.
2. Rabat Masood (petitioner), Sadiq and Abdul Qayyum were alleged to have entered the house of one Abdur Rashid Kausar and deprived him of various articles at a pistol point. Thereafter they forcibly took away Miss Anne with them in the car of Abdur Rashid Kausar to the house of Munawwar accused where she was allegedly raped by the three petitioners. She was then asked to leave. As she went on the road she saw 'a police van. She raised hue and cry and took the police to the house of Munawwar from where the accused were arrested.
3. Learned counsel for the petitioner contended that Rahat Masood was not identified by Miss Grace who was present in the house of Abdur Rashid Kausar. He next contended that the police did not get the accused identified by Miss Anne.
4. I have considered the matter. A deeper appreciation of these submissions cannot be made at this stage. However, prima facie the allegations against the petitioners are of a serious nature. The accused were arrested from the house of Munawwar accused soon after the occurrence at the instance of Miss Anne who was allegedly raped by them a little before the arrest. The car of Abdur Rashid Kausar which' was parked outside the house of Munawwar accused was also recovered and taken into possession by the police. The evidence in this case had nearly concluded when it was directed A by the learned Sessions Judge that the evidence be recalled because one of the accused was allegedly insane at the time the evidence was recorded and could not understand the proceedings against him since he had improved therefore evidence was to be recorded. This has consumed time. In view of the serious nature of the allegations, I do not consider it a fit case for bail. However, while dismissing the petition, I direct that the evidence in this case be recorded from day-to-day and should be concluded within this month if possible. At the defence stage the trial Court may consider the question of bail to the petitioner.