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Criminal Miscellaneous No.2411/B of 1984, decided on 18th September, 1984.

‑‑S. 497(2)‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 12 & 18‑‑Inordinate delay of 15 days in lodging F. I. R.‑‑Even case of attempt to commit sodomy not made out from F.I.R.‑‑Victim not medically examined‑‑No marks of violence found on person of victim‑ Witnesses kept mum for about fortnight‑‑Case in circumstances, held, was of further enquiry‑‑Bail allowed.

Ch. Inayat Ullah for Petitioners.

Fais‑ur‑Rehman for the State.

Date of hearing: 18th September, 1984.

The petitioners alongwith one another seek bail under articles 12 and 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 on the allegation that on 28‑7‑1984, they forcibly took Pervaiz Akhtar, aged 14/15 years, to a quarter in Green Town, Lahore where they tried to commit sodomy with him but they could not succeed. Pervaiz Aslam pushed Muhammad Aslam petitioner and rushed out of Kotha. The matter was reported to the police on 11‑8‑1984.

2. Bail is urged on the ground that the case is based on false allegations and there is an inordinate delay of 15 days in lodging the F.I.R. and further that the allegations in the F.I.R do not even make out a case for attempt to commit sodomy. At the worst, it may be case of wrongful confinement. No marks of violence were found on the person of victim nor was he medically examined. The eye‑witnesses who have deposed against the petitioner kept mum about a fortnight.

3. In view of the above circumstances, it appears to be a case of further inquiry. Accordingly, the petitioners are admitted to bail in the sum of Rs.7,000 each with one surety each in the like amount to the satisfaction of A.C., Model Town, Lahore.

S.A. Bail allowed.

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