FALAK SHER, J.- Petitioner accused of the case registered vide FIR No. 372 of 24.8.1993 under section 377 PPC read with section 12 of Offence of Zina (Enforcement of Hudood) Ordinance 1979 at police station Ferozewala District Sheikhupura alleging subjection to carnal knowledge against the order of nature complainant's minor son lftikhar Ahmad 7/8 years by the petitioner having taken him to his place of abode, has presently sought post-arrest bail.
2. Contending that the medical evidence divulging lack of external marks of violence on the victim's body contradicts the reported occurrence, Shabhir Ahmad one of the named eye witness has disowned the prosecution story in his statement recorded before a Magistrate's Court nunder section 164 Cr.P.C, charge under section 12 ibid is not made out for absence of any evidence and, lastly, with the submission of challan is no more required by the investigating agency on which count he has aloready suffered 3 months incarceration.
3. With which I am not persuaded because the ocular account furnished the complainant alleged to have witnessed subjection of his tender aged son to petitioner's unnatural lust in the latter's house with admitted lack of motive to falsely implicate stands fully borne out by the medical evidence revealing redness at 12 O'Clock position of the external anal sphincter adn positive report of the Chemical Examiner as to anal swabs constituting suyfficient grounds for believing his involvement in the offence chareged falling within prohibition contemplated by section 497 (1) Cr.
P.C. renders him disentitled to the sought ofor concession.
Conversely the interest of justice would seem to be better served if the expeditiously concluded.
Consequently declining bail, the learned trial Court seized of the matter is required to finalise the proceedings with reasonable despatch.