' This is a bail after arrest application in case F.I.R. No,185, dated 19-5-2003 under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and section 452, P.P.C. Police Station Jhal Chakkian, District Sargodha. According to the prosecution allegations on 6-5-2003 at about 10-00 a.m. While Mst. Sumaira Bibi aged 15/16 years was alone in her house situated in Chak No,62-NB and her mother had gone out to the fields to fetch fodder for the goats, the petitioner armed with pistol entered the house and finding Mst. Sumaira Bibi alone he felled her on the ground after breaking her loin string and removed his own Shalwar and attempted to commit Zina-bilJabr with her. On her alarm Hakam Khan and Ghaus Muhammad P.Ws. Who were passing through the lane in front .Of the house of the victim were attracted and seeing them the petitioner made good his escape by scaling over the boundary wall of the house. The father of the victim was away to Karachi in connection with his labour and upon receiving the information of incident he came to his village and then lodged the report with the police on 19-5-2003. The petitioner was arrested in this case on 3-6-2003.
2. It has been argued on behalf of the petitioner's counsel that there was a minor scuffle of the petitioner with Mst. Sumaira Bibi and a false case has been made out against him with a delay of almost 13 days and that the story narrated in the F.I.R. Is almost improbable. It is further contended that two P.Ws. Cited in the F.I.R. Are closely related to the victim and in case any such occurrence had taken place they could have also reported the matter to the police and from their statements recorded by the police under section 161, Cr.P.C. It appears as if the entire occurrence had been committed in front of them and it is highly improbable that the petitioner would attempt the commission of offence in presence of two close relatives of Mst. Sumaira Bibi. It is further contended that no recovery of weapon alleged to be in possession of the petitioner at the time of commission of offence has been effected and the victim also did not sustain any injury which she would have, had she been felled on the ground for the allegedly intended purpose. It is further contended that from perusal of the prosecution case at the most offence under section 354, P.P.C.
Is made out which is bailable.
3. The petitioner was arrested in this case on 3-6-2003 and he remained on physical remand with the police but no weapon of offence which he was alleged to be carrying at the time of commission of offence had been recovered from him. The police had recorded the statement of Mst. Sumaira Bibi, Hakam Ali and Ghaus Muhammad P.Ws. And they have all stated in identical manner; that while mother of Mst. Sumaira Bibi had gone out in the fields to fetch fodder for the goats, finding the victim alone in the house the petitioner carrying pistol entered the house and felled her on the ground after breaking her loin string and also removed his own Shalwar and then attempted to commit Zina-bil-Jabr with her. It is unlikely that the petitioner would do such an act in the presence and view of Hakam and Ghaus Muhammad P.Ws. Who are both stated to be uncles of Sumaira Bibi. Both the said P.Ws. Have stated in their statement that the entire occurrence had taken place in their view. This scenario appears to be somewhat improbable. There is also force in the contention of the learned counsel for the petitioner that in case any such occurrence had taken place then both the P.Ws. Who were uncles of the victim could have lodged the report with the police but the F.I.R. In this case has been lodged after a delay of 13 days. It is very easy to level allegations of such nature and becomes very difficult to disprove them as the moral considerations tend to tilt in favour of the victim and it is generally believed that the allegations must be true. Generally on account of small disputes when the girls are assaulted or there modesty is interfered with and the offence only amounts to 354, P.P.C. The facts are distorted to make out the case of attempt of Zina-bil-Jabr, therefore, suchlike allegations need to be considered and weighed with due care and caution so that no one falls prey to the mala fides and distortion of facts.
4. The story in the F.I.R. That the petitioner felled Mst. Sumaira Bibi on the ground after breaking her loin string, removed his own Shalwar and attempted to commit Zina-bil-Jabr in the view of 2 P.Ws.
Who are her uncles prima facie appears to be improbable and particularly when there is delay of 13 days in lodging the F.I.R.
5. The case of the petitioner appears to be a matter of further enquiry. Even otherwise the offence charged against him does not fall within the prohibitory clause. He is, therefore, admitted to bail in the sum of Rs,25,000 with one surety in the like amount to the satisfaction of the trial Court.