' IJAZ AHMAD CHAUDHRY, J.--- Petitioner seeks bail after arrest in case F.I.R. No,26, dated 5-2-2003 under section 377, P.P.C., read with section 12 Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered at Police Station Farid Town, Sahiwal.
2. Briefly the allegation against the petitioner is that on the fateful day when the complainant was out of his house and his son Luqman was playing outside the home, he was taken away by the petitioner and thereafter, in the house of one Akram Machhi he committed carnal intercourse with Luqman.
3. Learned counsel contends that petitioner has been malafidely involved in this false case as sister of the petitioner Mst. Nasreen was joked in Bazaar by brother of the alleged victim whereupon she had slapped him and get revenge of that insult this story has been concocted. It ' is further argued that petitioner is minor and under Juvenile Justice System Ordinance, 2000, he is entitled to bail as of right.
4. Learned counsel for the State opposes the petition.
5. Heard. Record perused.
6. Serious allegation has been levelled against the petitioner which offence falls within the prohibitory clause and during investigation nothing has come on record show any mala fides on the part of the complainant or the police to falsely involve the petitioner in such an offence. As regards the ground of juvenile, the petitioner may first get his age determined from the proper Court of law under section 7 of the Juvenile Justice- System Ordinance, 2000. At this stage this Court cannot hold inquiry regarding the age of the petitioner. For the present no case for bail is made out. This petition, therefore, is dismissed.