' MUHAMMAD RAFIQ TARAR, J.---Ghulam Qasim, Abdul Rehman and Muhammad Rehman petitioners seek leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 27-3-1994 where their petition for bail in a case under section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 377 of P.P.C., was dismissed.
2. The case was registered on 26-11-1993 at 11-00 a.m. At Police Station Poplin on the report of Muhammad Hussain, the alleged victim, a student of 7th class, wherein he stated that on 20-11- 1993, when he was going to school, the three petitioners, his school fellows, took him to a grove of trees and committed sodomy with him one after the other. He explained the delay in lodging the F.I.R. Saying that his father was away from house and had returned home the same day i,e, 26-11- 1993.
' The victim was medically examined on 26-11-1993. There were two lacerations on the anal region.
Three swa bs taken from the gullet, external anal and internal anal were sent to the Chemical Examiner and his report was positive.
3. The petitioner moved application for bail in the High Court but the same was dismissed on the ground that it was a case falling within the prohibitory clause and there was no proof on the record to substantiate the factum of age of the petitioners.
4. Learned counsel for the petitioners has produced certified copies of School Leaving Certificates of the three petitioners which show that on the date of occurrence Abdul Rehman was 15 years 10 months old, Ghulam Qasim 15 years, 4 months old and Muhammad Rehman was 14 years of age.
Prima facie the explanation for the delay in lodging the F.I.R. And, the medical examination is unconvincing. This petition is, therefore, converted into an appeal and allowed. The appellants shall be released subject to their furnishing security in the sum of Rs,50000 each with one surety in the like amount to the satisfaction of Assistant Commissioner, Mianwali.