The petitioner seeks bail through this petition in case FIR No, 261 dated 17.6.2007 under Sections 377/511 PPC P.S. City Khanewal.
2. Allegedly the petitioner attempted to commit sodomy with Shahbaz aged about 12 years.
3. Learned counsel for the petitioner contended that as per FIR the place of occurrence was root of the mosque however, in the site-plan the occurrence is shown to have taken place in room on the roof of the mosque. The story explained in the FIR even otherwise is not confidence inspiring. There is unexplained delay of seven days. It is not possible that in presence of three PWs the petitioner escaped so easily. In fact the petitioner had moved an application-for registration of a case against the complainant etc. for causing damage and taking away articles lying in this shop of petitioner to pressurize him to get the same vacated and complaint in connivance with the police got the petitioner implicated falsely in this case. The case was registered against the complainant etc. and this case was result of the said enmity. It, therefore, was a case of further enquiry.
4. Opposing the petition learned counsel for the complainant submitted that the case against the complainant was an after thought and having been proved as false, the same had been cancelled. If at all the petitioner was to be implicated falsely, the complainant would have used some other device and would not have put stigma on the life of his grandson by fabricating story which could cause embarrassm ent for him in his future life. The petitioner was involved in the occurrence and punishment for the offence in question fall under prohibitory clause of Section 497 Cr.P.C.
5. The delay in cases like unnatural offence is not fatal because the people always feel hesitation and shy to approach the police without delay. It is case of attempt to commit unnatural offence, therefore, if medical examination was not got conduct it is not going to prejudice the prosecution story adversely. The petitioner failed to prove the alleged ground of his false implication in this case. The occurrence stands supported by the P.Ws. In 1998 P.Cr.L.J. 1548 the Court agreed with contentions that no offence was committed in reality whereas in case of 2005 YLR 1663 the case was found to be of further inquiry.
6. In the case in hand, the victim was taken to the roof of the mosque which was a sacred place.
The petitioner thereby demonstrated his desperate temperament bringing his case under exceptional circumstance to grant him relief prayed for.
7. No ground for bail is made out, hence this application is dismissed.