' KHALIL-UR-REHMAN KHAN, J.---Petitioners seek leave to appeal against the judgment dated 24-4- 1997 of the Federal Shariat Court whereby the judgment dated 17-1-1996 of the Additional Sessions Judge, Chakwal was maintained and the conviction and sentence of the petitioners under section 377, P. P .0 . Was upheld.
2. Learned counsel for the petitioners argued that the anal swabs taken 4-1/2 days after the occurrence could not result into a positive report of Chemical Examiner in the natural course and that the unreasonable explanation of the alleged victim that he had not taken meals for four/five days except water and did not ease for all these days could not be believed, and in the circumstances, uncorroborated testimony of Muhammad Faisal P.W.4/the victim could not safely be relied upon for convicting the petitioners as Sher Baz P.W. Who had allegedly seen the occurrence was not produced and Arshad Mahmood P.W.6, the other alleged witness was not believed by the learned trial Court particularly in the background of inimical relations existing between the parties.
3. Leave to appeal is granted to examine:--
(i) Whether the prosecution has been able to establish the guilt of the petitioners beyond reasonable shadow of doubt; and
(ii) Whether the evidence has been appraised keeping in view the principles enunciated by the superior Courts for safe administration of justice in criminal cases?