Bails: Sexual offences P.P.C.ZINA CASES 365/B2008 MLD 1173. Shahnaz Bibi V/S The State (Lahore)S. .365-B PPC. S.498 CrPC. Initially name of accused had been mentioned in the FIR as an abductee. Accused had already filed a suit for dissolution of marriage against the complainant besides that, FIR in the case was lodged with an inordinate delay of two months. Accused being lady, her case fell under the first proviso of S.497 CrPC. Case of further enquiry has been made out. BBA CONFIRMED.2008 PCrLJ 1082. Wazir Ali V/S The State (Lahore)S.365-B PPC. Accused was not nominated in the FIR and no role was attributed to him, as he was only alleged to be present in the van in which the lady was abducted. Story of abduction, prima facie, seemed to be concocted and fabricated, which did not appeal to reason. Leaving her house abruptly to attend the engagement ceremony by the abductee leaving behind her seven children, seemed to be implausible and unnatural. Abductee even did not resist and make any hue and cry during the long journey, though she was being carried in a public transport. No direct evidence was available to connect the accused with the commission of offence. Allegations against accused was apparently baseless and his case required further inquiry. BAIL GRANTED.2008 MLD 1022. Muhammad Arif & another V/S The State (Lahore)S.365-B PPC. Inordinate delay of one month and eight dayus in lodging of FIR. Abductee was returned through Punchayat. Accused were not the principal accused for the commission of offence of zina. Accused were in jail and no more required to the police for investigation purpose. Accused could not be kept in jail for an indefinite period till the final decision of the case. BAIL GRANTED2008 MLD 1430. Shaukat V/S The State (Lahore)S.365-B & 376 PPC. Alleged abductee, after recovery, did not level allegation of zina against accused and refused to get herself medically examined. Alleged abductee who was star witness having not supported the prosecution, the whole story even if believed, case against accused would fall only U/S 365 PPC. Case of further enquiry. BAIL GRANTED.2008 PCrLJ 1451 Allah Yar V/S The State (Lahore)S.365-B PPC. Accused had allegedly abducted the woman and subsequently committed zina with her. Defence of the accused was that the alleged abductee had contracted marriage with him with her free-will and consent. Abductee was already a married woman and, prima facie, nothing was available on record to establish that she had ever been divorced by the husband. No such record was even available in the Union Council concerned. Earlier marriage of the abductee still subsisted and there was no evidence to prove that divorce between the spouses had been effected. Nikah over Nikah by the married woman was not valid in Islam. BBA REFUSED.PLJ 2008 Cr.C.(Lahore) 984. Muhammad Afzal @ Pabbi V/S The StateS.365-B PPC. Allegation of abduction and zina-bil-jabr. Held: According to MLR Doctor had opined that hymen of the victim was intact and the report of the chemical examiner was also in negative. As per medical jurpsrudence, hymen cannot remain intact in the sexual intercourse is genuinely committed and of course there are certain ailments or different mental state when despite sexual intercourse hymen remain intact. Medical examination of the victim was significant, especially when it was conducted 10 days after the occurrence, because semen cannot be detected after the lapse of 10 days. BAIL GRANTED.PLJ 2008 Cr.C.(Lahore) 601. Muhammad Farooq V/S The StateS.365-B PPC. Victim was not recovered from the custody of respondent/petitioner and statedly she reached her house of her own after escaping from the clutches of the petitioner and his co-accused. She was not got medically examined. Corroboration of the allegation that she was subjected to zina-bil-jabr was missing. Facts mentioned in the FIR were found baseless. Petitioner was declared innocent. BAIL GRANTED