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Criminal Miscellaneous No. 1195-B of 1983, decided on 12th October 1983.
---S.497 read with Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12--Penal Code (XLV of 1860), S.377--bail, grant of- Victims of sodomy medically examined with delay--Petitioners in custody for over 9 months and their person no longer required for further investi gation--Case of further enquiry, held, made out, in circumstances--Petitioners enlarged on bail.
Abdul Sattar Goraya for Petitioner.
Tasadduq Hussain Jillani, Assist. A.-G. for the State.
Date of hearing: 12th October, 1983.
Petitioners alongwith two others are accused of offence under section 377, P.P.C. and section 12 of Ordinance VII of 1979.
2. It is alleged that Naeem petitioner and his co-accused Khushi Muhammad (not before this Court) committed unnatural offence with Najeebur Rehman P.W. aged about 14 years at 11 p.m. on 14-12-1982 and simultaneously Tariq son of Fazal Muhammad petitioner before this Court alongwith his co-accused Zafar committed the same offence with Fayazul Hassan P.W. aged about 16 years. The F.I.R. in this case was lodged with a delay of eight days on 21-12-1982 but the medical evidence disclosed five injuries each on the private part of both the victims and the anal swabs taken by the doctor were found stained with semen and blood. The Shalwars of the victims were also found stained with semen.
On behalf of the petitioner it is submitted that one of the victims, namely, Najeebur Rehman, has stated in his statement under section 164, Cr.P.C. that the accused who committed unnatural offence with him as well as with Fayazul Hassan could not be identified because they had muffled their faces and put off the light in the room where offence was committed. Another eye-witness Muhammad Rafique in his statement under section 164, Cr.P.,C. has also stated that he did not witness the occur rence. It has been argued that petitioners have been falsely implicated on account of dispute of father of Tariq petitioner over a shop with the father of first informant Fayazul Hassan. Bail has been opposed by the State and learned counsel for State informs that challan has already been filed in Court, that delay is explained in the F.I.R. that medical evidence and report of Chemical Examiner support the two prosecution witnesses and Fayazul Hassan victim and that petitioners have interfered with the evidence by securing statements under section 164, Cr.P.C of Najeebur Rehman and Muhammad Rafique P.Ws. in their favour.
4. Petitioners have been in custody since 6-1-1983 and their person is no longer required for further investigation. As a result of delay in medical examination of the victim a case of further inquiry is made out against the petitioners. In the circumstances I order release of petitioners on bail subject to their furnishing security in the sum of Rs.20,000 (Rupees, twenty thousand) each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Karor Lal Eisan.
S. G. D. Bail granted.
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