1989 PLP 754 (MLD)

Shaukat Hussain for Petitioner. Bashir Beg for the State. Petitioner seeks bail in the case registered against him under section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and section 377, P.P.C. at Police Station Kharian Cantt. on 21‑1‑1989 on the statement of Muhammad Rizwan.

2. According to F.I.R. the complainant had gone to Kharian Cantt. to see his uncle. He could not locate his house because of Lhe address being incomplete. He met the petitioner, who on coming to know of his helplessness, took him to his house for stay for the night. There he committed sodomy with him under threat.

3. Bail is being sought by the petitioner on the ground that he has been involved in this case falsely at the instance of one Siddiq Butt truck driver who was ejected at the instance of petitioner's father from his house. In support of the contentions, affidavits of two respectables of the Mohalla have been placed on record. It is submitted that the complainant was working with Siddiq Butt. It is contended that the sodomy is alleged to have been committed in the house of the petitioner where all his other family members were present and so it cannot be believed that he would have indulged in such a thing there; that no marks of violance were found on person of the complainant; that the complainant and the petitioner were almost of the same age (the petitioner is stated to be 22 years old while the complainant was 17 years of age) and had such an occurrence taken place, the complainant would have definitely resisted or at least might have raised a noise to attract inmates of the house and that the Chemical Examiner's report is negative.

4. Learned counsel for the State has opposed the grant of bail and contended that there appears to be no reason to believe as to why the complainant would have lodged a false F.I.R. like the one in hand.

5. It is prosecution's own case that the offence was committed in the house of the petitioner where his other family members also resided. The contention of learned counsel that the petitioner would not have committed such an offence there, bears force. The negative nature of the report from the Chemical Examiner is a fact which for the purposes of this petition negates the prosecution version to an extent. The fact of no marks of violance having been found by the doctor at the time of medical examination also adversely affects prosecution version of the occurrence. In the circumstances, reasonable grounds do not appear at this stage of the petitioner having committed the offence charged with. This petition is, therefore, allowed and the petitioner is directed to be released on bail, provided H he furnishes bail bond in the sum of Rs. twenty thousand with one surety in the like amount to the satisfaction of the Assistant Commissioner, Kharian Cantt. H.B.T./M‑1195/LBail granted.