' Safdar Ali petitioner through the instant petition seeks post-arrest bail in case F.I.R. No,234, dated 26-9-2000, registered under section 12, Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), and section 377, P.P.C., with Police Station Saddar Burewala, District Vehari.
2. Briefly the case of the prosecution as per F.I.R. Is that on 24-9-2000 at about 6-00 p.m. The complainant alongwith Safdar Ali after watching the football match was going back to his house.
They when reached Katcha road, Safdar Ali petitioner brought out Churri from the fold of his Shalwar and threatened him to kill if he raised noise and he took him to the sugarcane field and there committed sodomy upon him.
3. It has been contended on his behalf that he has falsely been roped in: that there is two days delay in lodging the F.I.R. Without any plausible explanation; that according to Medico Legal Report of the victim, his medical examination was conducted on 25-9-2000 at 11-00 a.m. While according to F.I.R. It was on 26-9-2000 and the same makes the matter doubtful; that the doctor in his MLC has mentioned that there was no mark of violence on his body and the same also suggests that he was not subjected to sodomy; and that he is behind the the last one year and two months and is previous non-convict.
4. On the other hand, learned State Counsel has opposed the petition on the ground that he is named in the F.I.R.; that he kidnapped the victim boy and took him to the sugercane field and there he committed sodomy upon him.
5. I have carefully considered the submission advanced by both sides with the help of available record.
6. There is about 38 hours' delay in lodging the F.I.R. On the victim medical examination, no mark of violence was found on his body. The same casts doubt on the victim's story. The benefit of every doubt even at bail stage is to be given to the accused. In these circumstances, his case requires further inquiry into his guilt and so is covered under subsection (2) of section 497, Cr.P.C. He is behind the bars for about one year and two months and stated to be previous non-convict.
Resultantly, this petition is allowed and 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.