O R D E R     S H E E T

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Crl. Bail Appln. No. 433             of 2009

Date	Order with signature of the Judge

For Hearing

14.10.2009.

Mr. Khalid Iqbal Memon, advocate for the applicant.

Mr. Muhammad Yakoob Dahani, State counsel.

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          The applicant is booked in crime No.07 of 2009 registered at Police Station Dokri under sections 376, 337-J, 34, PPC.

          Brief facts of the case are that on 29.01.2009 complainant Nisar Ahmed lodged report at Police Station, Dokri which reads as under:-

“Complaint is that I am employed at the Chicken Farm of Najeebullah Kalhoro at by-pass Dokri. Bakhshal s/o Gul Hassan Magsi is cousin (masat) of my wife Mst. Khursheed Begum and resides with me in the same house. In the evening of 27.01.2009 my brothers 1.Pyas Ali and 2.Hadi Bux resident of village Wahan Taluka Dokri came to me at the chicken-farm. At night I got free from the chicken-farm and we started for my house. At night  the electric bulbs were on. At 1200 hours at night, I and my brothers entered in my house. Under Electric light we saw and identified 1.Bakhshal s/o Gul Hassan, 2.Manthar s/o Ismail, 3.Sabir s/o Qadir Bux all Magsi by caste r/o Dokri City. Manthar and Sabir were armed with pistols, accused Bakhshal was empty handed. We saw that my wife was without shalwar. Due to fear of weapons I and my brothers remained quiet. In our seeing, all three accused one by one started committing Zina forcibly with my wife Khursheed Begum. After committing Zina forcibly the accused departed from the house. Then I and my brothers saw that my wife was in unconscious position. We covered her nakedness and made her lie down on a cot. Due to odd hours we did not inform any body and waited for my wife to gain consciousness. At sun-rise time she gain consciousness and narrated that Manthar and Sabir along with Bakhshal came to our house and served her tea with some intoxicant material. I got intoxicant and have gain consciousness in the morning and all three accused have committed Zina with me. In order to narrate the facts I went to the house of nekmard Siraj Gadhi who was out and returned today. I narrated the facts to him who advised me to report the incident. I am present and report that the above named accused who are related to my wife had served her tea containing intoxicant material. In our seeing they have one by one committed Zina with her and have caused her unconscious by administering her intoxicant material. I am complainant and pray for investigation. Letter be given to my wife for her medical checkup.

The FIR was lodged after two days of the alleged incident. One of the accused is said to be brother in law of the alleged victim of rape. No sign of rape are reflected from the medical report wherein it is stated as follows:

“Details of injury:- 1. c/c- Rape.

                             2. No injury visible.

                             3. Preservation of 3 sealed bottles containing

                                 Vaginal swabs in N/S. sent to Police                                                 Surgeon      CMCH L for semen analysis.” 

          From the narration of the FIR and late reaction in reporting such a heinous crime and the relationship of the parties though the alleged accused were known to the complainant makes out a case of further enquiry. Hence the applicant is entitled for grant of bail. He is directed to be released on bail on furnishing solvent surety in the sum of Rs.200,000/- and P.R bond in the like amount to the satisfaction of trial Court.

                                                                                      Judge