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Criminal Miscellaneous No.2920/B of 1986, decided on 2nd November, 1986.
‑‑‑S.498‑‑Penal Code (XLV of 1860), S.377‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12‑‑Pre‑arrest bail, grant of‑ Sodomy allegedly committed with a boy of seven years‑‑Case got registered by father of victim‑‑Affidavit filed by complainant and witnesses stating that case was registered under misconception and accused to be innocent‑‑Victim also making 'contradictory statements‑ Interim bail allowed to accused was confirmed in circumstances.
S. Baqar Ali Naqvi for Petitioner.
Muhammad Akram for the State.
This may be read in continuation of my order, dated 21‑10‑1986. The F. I. R. was lodged by Afzal Shah, father of the victim, on 8‑10‑1986, wherein he alleged that at 9‑00 a.m. his son Babar Hussain, aged 7, came weeping and in the presence of Akram Shah and Ahmad Hassan informed him that Imran petitioner had committed sodomy with him. Affidavit of Afzal Shah, father of the victim, referred to in the order, dated 21‑10‑1986 is to the effect that the case was got registered due to some misconception and when Imran alias Poma (petitioner) was brought before the victim then it transpired that he was innocent and that he had not done any wrong to his son. Afzal Shah complainant is present in Court and he admits the contents of .the affidavit. Affidavits of Akram Shah and Ahmad Hassan have also been placed on the file which are to the effect that Babar Hussain had not. said anything about Imran Butt (the petitioner) and that he is innocent. Perusal of the file further reveals that Afzal Shah made a statement during investigation that his son was making contradictory statement and he was not in a position to say whether Imran had committed the offence or not. In the circumstances, the interim bail allowed to the petitioner is confirmed. He has been directed to join the investigation if and when required.
S. A. Bail allowed.
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