Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 377

Criminal Procedure Code (V of 1898)---.--- ---.---S. 497---.---Penal Code (XLV of 1860), S. 377---.---Sodomy---.---Bail, grant of---.---Unreasonable delay in lodging of F.I.R. and medical examination of the victims was conducted after about 20 days of occurrence---.---Father of one of the victims, who was allegedly subjected to sodomy, appearing in the court, filed his affidavit stating therein that no unnatural offence had been committed with his son which had made the case one which would require further inquiry---.---Accused was released on bail, in circumstances. Haji Muhammad Aslam v. The State 2006 MLD 624 and Niamat Ali alias Deena v. The State 1989 MLD 3978 ref. THIS ORDER PASSED BY: SALMAN ANSARI, JUSTICE:---.--- This bail application has been moved on behalf of the applicant/accused Abdul Sattar, Moazzin of Jamia Farooqia Masjid, Y-Area, Korangi No. 1-1/2 Karachi. 2. Brief facts of the prosecution case are the applicant was arrested on the charge to have committed Sodomy with two minor boys, one being the son of complainant namely Liaq and other his class fellow Muhammad Ehsan. The bail application moved by the applicant was rejected by the learned IInd Additional Sessions Judge Karachi East vide order dated 16-1-2009 on the ground that there were serious allegations against applicant regarding committing sodomy, the medical evidence of one of the victims Muhammad Ehsan also supported the version of prosecutions. 3. It is argued by the learned counsel for applicant that father of victim child Muhammad Ehsan who was present before the Court had exonerated the applicant/accused and it was only medical examination report of the victim Muhammad Ehsan which showed that Ehsan had been subjected to the act of sodomy, the F.I.R. was lodged after a delay of more than 20 days on 26-12-2008 at 1745 hours while date of incident is shown as 6/7-12-2008 at about 1530 to 1600 houRs. hence the case would require further enquiry. Learned counsel for applicant in support of his arguments has relied upon the case of Haji Muhammad Aslam v. The State 2006 MLD 624. Learned counsel appearing for the State have opposed the bail application of applicant on the ground that…

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