By means of this petition the petitioners seek their release on bail in case FIR No, 917 dated 24.7.2008 under Sections 377 &511 PPC read with Section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered at Police Station Cantt: Abbottabad, as their bail applications were rejected by the learned Courts below.
2. No doubt, the complainant in his report has charged the accused for committing sodomy upon him but the medical report does not support him. According to Moodi Medical Jurisprudence, in cases of unnatural offence, if the victim is not accustomed to sodomy and being a teen ager and unconsenting party there must have abrasions, on the skin near the anus, feeling pain in walking, lacerations of the mucous membrane within the anus with effusion of blood etc. In this case the victim is reported to be a child of tender age while active agent, a healthy and grown up male, then in case of commission of sodomy and penetration, there should have been extensive and well defined injuries on the victim. It seems that the penetration has not taken place which is one of the most important ingredient to constitute the carnal intercourse punishable under Section 377 PPC.
3. Apart From the above, the complainant has effected a compromise with the accused, who today furnished written compromise in the shape of affidavit duly attested. So, keeping in view the factum of compromise which the complainant and his uncle admitted at the bar to be genuine, there remains no other' evidence to be produced at the trial to connect the petitioner with the crime.
4. Resultantly, the petitioners are directed to be released on bail provided each of them furnishes bail bonds in the sum of Rs, 2,00,000/- with two sureties each in the like amount to the satisfaction of Illaqa Duty Judicial Magistrate, who shall ensures that the sureties are local, reliable and men of