CH. IFTIKHAR HUSSAIN, J.---Petitioner Mashhood-ul-Haq by way of the instant petition has prayed for bail after-arrest in case F.I.R. No, 118 registered under section 377, P.P.C. with Police Station Gujjarpura, Lahore on 24-1-2010.
2. Briefly the prosecution case as per the F.I.R. is that on 23-1-2010 at about 1-30 p.m. Bilal aged about 819 years and Benish aged about twelve years, the son and daughter respectively of complainant Tahir Abbas, were returning to their house from the school. They when reached near the house of Mashhood-ul-Haq (petitioner) he forcibly took them both to his house. He there sent Bilal to the shop to take biscuit. There was no one else in his house at that time. The complainant along with Hassan Ali and Zulfiqar Ali when reached his house, they saw that Mashhood-ul-Haq (petitioner) had laid his daughter Benish on the ground and put his male organ in her mouth. On seeing them, he scaled over the wall and ran away. He (complainant) did not inform the police due to his honour but his brothers told him that he should inform the police.
3. After hearing the learned counsel for the parties and going through the record, I find that he is named in the F.I.R. with the above allegation against him. His above act ex facie falls within the ambit of section 367-A, P.P.C. The complainant, his son, the girl and the P.Ws. in their statement have implicated him with such an finance. The same is covered within the prohibitory clause of section 497(1), C. Such an offence is always under Public condemnation. Hence, I don't find m entitled to bail at this stage. The Petition, therefore, is dismissed.
4. However, I may observe here that the above observations are tentative in nature and meant only for the disposal of the instant matter. These shall have no bearing at all on anybody's case at trial.
Bail after arrest refused.