LAHORE, Aug 15: Justice Khurshid Anwar Bhinder of the Lahore High Court (LHC) on Friday granted bail to a rape accused on the basis of the plaintiff girl’s contradictory statements and her medical report.

An FIR lodged with Qadirabad Police Station of Mandi Bahauddin on Dec 12, 2007, accused Masood Hussain Shah of kidnapping and raping Azra. Shah’s counsel argued that his client did not kidnap Azra and referred to her statement she recorded to a magistrate on Jan 17 and another statement she recorded on Jan 28.

The counsel for Azra said the trial of the case had reached the evidence stage and at best the court could issue directions for an expeditious hearing.

After hearing both parties, the judge said Azra recorded contradictory statements on Jan 17 she said she wed Shah with a will and on Jan 28 she accused him of rape. When the judge summoned her to explain her contradictory statements, Azra gave credence to her Jan 17 statement.

“The court again confronted Azra with a question as to whether the petitioner had committed Zina-bil-Jabr with her at her place of residence prior to her abduction, her reply was in affirmative,” the judge wrote in his order.

The judge said: “This court has to make tentative assessment as per facts and circumstances of the case, particularly with reference to the statement of the abductee. She has stated that present petitioner had committed Zina-bil-Jabr (rape) with her at her place of residence.

“It apparently seems unbelievable and irrational for the reason that it is practically not possible in our society for any woman to conceal commission of Zina-bil-Jabr with her and that too at her place of residence.”

The judge said she could not conceal it from her parents that she was being subjected to rape. He said the abductee’s credibility could not be trusted in the presence of her contradictory statements.

Referring to her medical report, the judge said: “It can very easily be deducted that the abductee was used to sexual intercourse prior to the occurrence. That being so, statement of the abductee is not trustworthy or confidence aspiring.”

The judge said the argument that Shah could not be granted bail because the trial was under process could not be taken into account.

“When prima facie it appears to the court as per merits of the case that the petitioner is not involved in the commission of an offence, his right of liberty cannot be jeopardised.”

The judge admitted the bail, subject to deposit of bail bonds worth Rs50,000 and two sureties in the similar amount.