' Tahir and Zahid sons of Aurangzeb caste Awan, resident of Ghari Panna, Nawanshehr Tehsil and District Abbottabad have filed the present petition for seeking bail in Case F.I.R. No,65, dated 24-4- 1998 of Police Station Nawanshehr under section 377/34, P.P.C. The petitioners have assailed the orders of the learned Additional Sessions Judge, Abbottabad, dated 4-6-1998 whereby their bail application was rejected. Another Criminal Miscellaneous Application No,293 of 1998 is also preferred by Khushdil complainant against Aqib alias Bhola and Shahid Gul alias Pappu who were allowed bail by the learned Additional Sessions Judge, Abbottabad vide his orders, dated 17-6- 1998. Since both the matters arise out of the same first information report, therefore, I propose to dispose of both the aforesaid petitions through the instant order.
2. The facts of the prosecution case briefly are that on 24-4-1998 at 20-00 hours complainant, namely, Khushdil son of Zeeshan reported the matter to the local police that on that day at Digar Time he was grazing his goats in place known as Banna where Zahid and Pappu came and they caught hold of him and took him to a nearby cattle-shed where Tahir and Bhola along with an unknown person were present and they committed sodomy with him one by one. In the F.I.R. He categorically stated that in the act of sodomy no penetration had taken place, he, therefore, went to his house and narrated the occurrence to his father and, therefore, has come to make the report against the aforesaid persons. Upon the report aforesaid, the case against the culprits was registered. The local police sent the victim for medical examination to the D.H.Q. Hospital, Abbottabad where he was examined. The doctor has opined that the patient felt pain and there was an abrasion in the posterior wall of the anus 1/2 c.m. x 1/2 c.m. In size. The Stalwart and suspected semen's were sent to the Chemical Examiner but so far the result of the Chemical Examiner is not available on the file.
3. I have heard the learned counsel for the parties in both the aforesaid criminal miscellaneous petitions. According to the record available before me five persons have been charged for the offence of sodomy. Except victim, namely, Khushdil no other corroborative piece of evidence is forthcoming on the file to substantiate his charge. The medical report would suggest that no violence had been committed on him and the act seems to be carried out by one person. Later on the petitioner improved his charge by making a supplementary statement on 26-4-1998 wherein he charged Sabir Zahid, Shahid Gul, Aqib and also he gave the name of Nohman as one of the culprits. The site plan would suggest that the occurrence took place in an inhabited place where at the alarm of the victim somebody might have been attracted. No independent evidence so far is forthcoming on the file in corroboration of the statement of the complainant.
' The occurrence took place at Digar Vela during the month of April when many persons could have been available near the spot. The case of the accused-petitioners who are five in numbers seems arguable and without dilating upon the merits of the case I am inclined to allow them bail provided they furnish bail bonds in the sum of Rs,50,000 with two sureties each in the like amount and to the satisfaction of the Ilaqa/Duty Magistrate. Criminal Miscellaneous No,293 of c 1998 regarding cancellation of bail of Aqib alias Bhola and Shahid Gull alias Pappu stands dismissed.