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Criminal Miscellaneous No. 799/B of 1986, decided on 24th September, 1986.

‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 12‑‑Bail, grant of‑‑Petitioner eleven years of age and according to medical certificate not capable of committing unnatural offence, allowed bail.

Moin‑ud‑Din Chaudhary for Petitioner.

Tassaduq Hussain Jillani, A.A.‑G. for the State.

The petitioner has been arrested under section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance No. VII of 1979. He has petitioned for being released on bail.

2. According to the petition, Muhammad Iqbal son of Nazir Hussain, the complainant, was playing in the lane. Therefrom he was taken away by Babar Ali, the petitioner, in a room where chaff was lying. He committed unnatural offence with Muhammad Iqbal and the matter was reported to the police.

3. It has been contended that the petitioner is 11 years of age and according to the medical certificates, he is not capable of performing this nefarious act. In the circumstances, I allow bail to the petitioner in the sum of Rs.20,000 (Rupees twenty thousand only) with one surety in the like amount to the satisfaction of the A.C./Duty Magistrate, Chichawatni, till the disposal of the case against him.

S.G.D./B‑14/L Bail allowed.

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