Rafiq Masih petitioner was arrested on 29-12-1988 on the allegation of committing sodomy with Muhammad Idrees aged 8 years. The victim was medically examined and his anal swab, were found to be stained with semen and blood.
2. Bail is mainly sought on the ground that the petitioner was below 16 years of age on the day of the alleged offence. His birth certificate has been produced. According to it he was born on 16-5- 1975 and he was about 13-1/2 years of age on the clay of occurrence. Baser Masih and Farid Masih mentioned as eye-witnesses in the F.I.R. Have sworn affidavits to the effect that they did not sec the occurrence.
3. In view of the above circumstances, I admit the petitioner to bail in the sum of Rs.70,000 with two sureties in the like amount to the satisfaction of the trial Court.