This is an application seeking cancellation of bail granted to Respondent No, 1, vide order dated 27.10.2003 passed by Mr. Muhammad Ikram, Additional Sessions Judge, Gujranwala in the case registered vide FIR No, 184 dated 17.7.2003 under Sections 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Ferozewala, District Gujranwala. The respondent was an accused of having raped a girl named Andila Zainab below 10-years of age. The learned Additional Sessions Judge, allowed him bail on the ground, but the fact remains that according to medical report there was no sign of resistance to show that the victim was attempted for the commission of Zina with her, nor the report of the Chemical Examiner regarding swabs, have supported the prosecution case. According to the report of ASP dated 9.10.2003, the offence under Section 10 Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 has been deleted and Section 354 PPC has been added, which is bailable.
2. Learned counsel for the petitioner submits that the Medico Legal Report of the victim conducted by the Surgeon Medico Legal Punjab confirms that petitioner was subjected to rape. Adds that petitioner's daughter (the minor victim) was taken to an agricultural field and subjected to rape, that she has fully implicated the Respondent No, 1, and there was no reason why she should falsely implicate him. Learned counsel for the respondent submitted that the considerations for grant and for cancellation of bail are distinguishable, that no case for cancellation is made out, that the respondent has never misused the-concession of bail, that the order granting bail is a legal order and does not call for interference. The police officer, who appeared alongwith record read out the statement of the victim and submitted that in view of the report of the Surgeon Medico Legal Section 10 of the Zina (Enforcement of Hudood) Ordinance is being added and the final report under Section 173 Cr.P.C. shall be submitted in the trial Court within two days.
3. Admittedly as per the Medico Legal Report given by the Surgeon Medico Legal Punjab the hymen of the victim was identifiable and there was a completely healed tear of the left side at 5-6 O'clock position, the tear does not extend upto the vaginal wall, size of the tear is about 3 mm. The findings on local clinical examination are consistent with old breach of virginity". The afore-referred medical examination was carried out pursuant to the order passed by this Court in WP No, 3005/2004 wherein it was alleged that earlier Medico Legal Report given by the Medico Legal Board was collusive and that respondent was an influential person. In view of the latter report the statement of the victim and the finding of police prima facie the offence of rape is, made out and the case falls within the prohibitory clause of Section 497 Cr.P.C. The order granting bail is violative of the law laid down by this Court in such like cases. The same is, therefore, set aside and the bail granted to Respondent No, 1 is cancelled.