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Criminal Bail Application No.253 of 1981, decided on 4th May, 1981.

‑‑‑S.12‑‑Criminal Procedure Code (V of 1398), S. 497‑‑Penal Code (XLV of 1860), S. 377‑‑Commission of act of sodomy‑‑Application of S. 12, Offence of Zina (Enforcement of Hudood) Ordinance 1979 doubtful‑‑Section 12, held, meant to punish those who kidnap or abduct a person for purpose of subjecting such person to unnatural lust‑‑Section 12 does not provide for punishment of person actually committing sodomy‑ Accused seventeen years old remaining in custody for eleven months‑ Bail granted.

Hamid Hassan for Applicant.

Muhammad Ibrahim Memon, Addl. A.‑G. for the State.

The applicant is aged about 17 years and has remained an under trial prisoner for 11 months. Only one witness has been examined so far. He is the father of the victim.

It is doubtful if section 12 of the Zina Ordinance, VII of 1979 will be applicable in the present case. Such section seems to punish those who kidnap or abduct a person for the purpose of subjecting such person to unnatural lust. This section does not provide for punish ment of persons actually committing sodomy. The intention of the law maker is also apparent from the provisions of subsection (3) of section 19 of the said Ordinance which provides for repeal of certain sections of the Penal Code. Significantly section 377, P.P.C. is not mentioned in this subsection. This seems further to indicate that section 12 of the Zina Ordinance does not provide for punishment of persons guilty of sodomy.

Regard being had to the circumstances emerging out of the age of the applicant, the length of time which he remained in custody, the nature of the offence, I admit the applicant to bail in the sum of Rs.15,000 with P.R. and one surety in the like amount to the satisfaction of the 8th Additional Sessions Judge, Karachi.

M. Y. H. Bail granted.

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