' The petitioners have been arrested in case F.I.R. No,445, dated 9-10-1995 registered at Police Station Cantt., D.I. Khan under sections 377/342, P.P.C. Read with Article 12 of the Offence of Zina (Enforcement of Huddood) Ordinance, 1979. After being unsuccessful in the lower forums for the concession of bail, they have come to this Court for the same relief.
2. Learned counsel for the petitioners has vehemently argued that the medico-legal report does not support the version of carnal intercourse and, therefore, the case against them is arguable for the purposes of bail.
3. Learned counsel for the State has, however, opposed the grant of bail to the petitioners.
4. I have given anxious consideration to the arguments advanced on either side and perused the record.
5. Both the petitioners are directly charged in the F.I.R. For abducting the complainant Sher Nawaz while he was on way from school to his house in order to take lunch. They have allegedly threatened the complainant by showing pistol and Churri and thereafter drove him on a motorcycle to a place known as "Tatta Baluchan". At present, the medico-legal report would suggest that the victim has sustained some injuries on his person. The statements of P.Ws.
Abdullah, Zafar Ali, Muhammad Bakhtawar and Noor Nawaz recorded under section 161, Cr.P.C.
Would support the version of abduction for quenching the thirst of unnatural lust. There is no enmity in between the parties. No person would like to humiliate himself by falsely implicating the others for the commission of such-like offence. By the time apparently the case is covered by section 12 of the Ordinance aforesaid and falls within the prohibitory clause of section 497, Cr. P. C .
6. In view of the above circumstances, presently the petitioner is not entitled to the concession of bail and this petition is accordingly dismissed.