S.M.ZUBAIR, J.- The petitioners who are involved in a case under Section 12 of Offence of Zina (Enforcement of Hadood) Ordinance VII 1979, read with Section 377 PPC, arising out of FIR No. 165/93, dated 26.11.1993, registered at Police Station Piplan District Mianwali, seeks o be admitted to bail.
2. Briefly the allegation against the petitioners is that they committed sodomy with the victim.
3. The learned counsel for the petitioners submitted that the F.I.R, was lodged after a delay of six days which remained unexplained; that the victim was examined she days after the occurrence and presence of semens in the anal swabs is fantastic and unbelievable. The petitioners are student and they are of tender age, hence they are entitled to the grant of bail, in spite of this fact that their case falls within the prohibitory clause.
4. The learned Law Officer assisted by the Police Officer, has opposed this bail application on the ground that the petitioners are involved in a case which falls within the prohibitory clause, and the challan has been submitted in the Court and the trial is likely to commence, so the petitioners are not entitled to bail as there is no proof on the record to show that the petitioners are less than I6 years of age.
5. I have heard the learned counsel for the parties and perused the record.
6. Admittedly the petitioners are involved in a case which falls within the prohibitory clause and there is no proof on the record to substantiate the contention of the learned counsel for the petitioners regarding the factum of age of the petitioners. There is no background of enmity between the parties, hence at this stage, it cannot be said that the case has been lodged against the petitioners maliciously or falsely. This petition stands dismissed.