This is bail after arrest application in case FIR No, 220/2003, dated 11.8.2003, under Section 12 Offence of Zina (Enforcement of Huddod) Ordinance, 1979, read with Section 337 P.P.C. of Police Station Kallur Kot, District Bhakkar.
2. According to the prosecution allegations on 11.8.2003 at about 2.00 p.m. while Asad complainant who is student of 4th class was on way to his house, the petitioner alongwith his co-accused Saeed who was armed with air gun accosted him and forcibly took him into the "Bajra Crop". The petitioner felled the complainant on the ground and after removing his shalwar subjected him to sodomy, whereas, Saeed co-accused stood as a guard. On the alarm raised by the victim, his bother Muhammad Arshad and Sabir Hussain PWs were attracted and seeing them, the petitioner made good his escape.
3. It is contended on behalf of the petitioner that in the FIR a positive allegation had been levied that the petitioner had subjected him to sodomy, whereas, in the medico legal report, no marks of violence were found on the person of the victim and his swab not to the Chemical Examiner for detection of semen, where also found not to be stained with semen and therefore, the medical evidence in this case is in-conflict with the ocular version and the case of the petitioner has become a matter of further inquiry.
4. In the F.I.R. the victim had levied positive allegations that the petitioner had subjected him to sodomy. The victim was medically examined on the same day, but the Medical Officer did not observe any mark of violence on any part of the victim's body and anal swabs were also taken and sent to the office of Chemical Examiner for detection of semen and the report of the Chemical Examiner indicates that they were not stained with semen, therefore, the ocular version and the medical evidence are in conflict with each other which makes the case of the petitioner a matter of further inquiry and as such, he is admitted to bail in the sum of Rs, 50,000/- with one surety in the like amount to the satisfaction of the learned trial Court.