The petitioners alongwith two others are accused of having committed sodomy with Rabnawaz, a boy aged 14 years, at 6.30 p.m. On 19-8-1987. The victim was medically examined at 9.05 p.m. On 20-8-1987. The Doctor found swelling and pain in the left testicles and redness on the anal mulosu.
Anal swa bs were taken and were sent for chemical examination and the report of the Chemical Examiner is that the anal swa bs were found stained with blood and semen. On the basis of the Chemical Examiner's report, the Doctor, who had medically examined Rabnawaz on 20-8-1987, gave his opinion that Rabnawaz had been subjected to sodomy. Learned counsel for the petitioners maintains that if as many as five adult persons had committed sodomy on Rabnawaz, the result would have extensive damage to the anal part and in that case the Doctor would not have postponed his opinion as to whether sodomy had been committed till after the receipt of the Chemical Examiner's report. In support of his view point; learned counsel refers to Modi's Medical Jurisprudence. Learned counsel for the complainant also relies. Upon the same authority to oppose the bail. It appears to me that as the record stands, it will not be proper to go deep into the contention, based, as it is, on the opinion of the medical authorities whether sodomy was or was not committed. It suffices to say that the victim said that the petitioners and their co-accused had had his carnal knowledge against the order of nature and that the opinion of the Doctor, who had examined Rabnawaz on 20-8-1987 receives support from the Chemical Examiner's report. The petition is rejected.
2. The petitioners have been in jail since their arrest on 30-9-1987. The learned trial Court is directed to expedite the trial.