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Criminal Miscellaneous No 1372 of 1983, decided on 29th November, 1983.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S.377‑‑bail, grant of Both accused and victim of sodomy of same age‑group and question whether petitioner alone could commit sodomy forcibly with victim boy, an unwilling partner, requiring further inquiry‑‑Petitioner allowed bail, in circum stances.
Muhammad Bashir Khan for Petitioners.
Ashfaq Ahmad Khan for the State.
Date of hearing: 28th November, 1983.
Muhammad lqbal and Allah Bakhsh, petitioners have applied for the grant of bail after the same was refused to them by Additional Sessions Judge, vide order, dated 18‑10‑1983.
2. Faiz Rakhah lodged a report at Police Station Mumtazabad on 12‑9‑1983 to the effect that his relative Muhammad Ayub aged 15 years on the preceding night at 9‑00 p.m. went to purchase certain articles from the shop of Muhammad Iqbal, petitioner. At that time Allah Bakhsh, petitioner, was present with Muhammad Iqbal. After purchasing sundry articles from that shop Muhammad Ayub was returning home when au of a sudden Muhammad Iqbal and Allah bakhsh, petitioners, emerged from the Jawar crop of Ahmad Bakhsh and encircled him. They dragged him inside the Jawar crop. Muhammad lqbal allegedly committed sodomy with him while Allah Bakhsh stood outside the field. The shreiks of Muhammad Ayub attracted Rahim Bakhsh and Khan Muhammad P.Ws. and on their arrival the petitioners decamped. During the investigation both the petitioners were arrested. The medical examination of Muhammad Ayub (the victim) revealed no marks of violence on his person and the doctor opined that he was habitual passive agent. His anal swabs were taken and sent to the Chemical Examiner for detection of semen, therefore, the opinion as to whether Muhammad Ayub was subjected to sodomy or not was postponed by the doctor.
3. On 15‑11‑1983 I allowed interim bail to Allah Bakhsh, petitioner, since it was not alleged against him that he had committed sodomy with Muhammad Ayub. The case was adjourned till today for production of the report of Chemical Examiner which has been received and is in positive.
4. I have heard the learned counsel for the parties and also perused the record.
5. Muhammad lqbal, petitioner, is also stated to be a teen‑aged boy like the victim. There is no allegation that Allah Bakhsh, petitioner, had seized the victim. Muhammad Iqbal petitioner, had forcibly committed the act of sodomy with Muhammad Ayub. It requires further inquiry as if Muhammad lqbal, petitioner, all alone could commit sodomy forcibly with Muhammad Ayub who was an unwilling partner as both are stated to be of same age group. In the circumstances I am inclined to allow this petition. The interim bail granted to Allah Bakhsh, petitioner is confirmed and Muhammad Iqbal, petitioner, is directed to be released or, bail subject to his furnishing a bond in the sum of Rs.10,000 (Rupees ten thousand only) with one surety in like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Multan.
S.G.D Bail granted.
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