Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 377/34

Law: Juvenile Justice System Ordinance, 2000

Section: 2(b),10

Criminal Procedure Code (V of 1898) S. 497 Penal Code (XLV of 1860), S.377/34 Juvenile Justice Ordinance (XXII of 2000), Ss.2(b) 10 Bail, grant of Documentary evidence brought on record had indicated that the age of the accused was not above 17 years at the time of commission of offence and he being minor had remained in custody for a period of more than nine months ¬Under S.10(7)(b) of Juvenile Justice System Ordinance, 2000, a child in case of offence punishable with imprisonment for life was entitled to bail if his continuous detention exceeded period of six months Two persons who were sleeping in the room wherein the offence was allegedly committed, had sworn affidavits to the effect that they had not been commission of the alleged offence Accused were granted bail in circumstances. Manzoor A. Bhutto for Applicants. Sharafat Ali Khan, State Counsel. Date of hearing: 24th September, 2001. JUDGMENT Applicant Mansoor Ahmed and three others have been booked for an offence punishable under section 377/34, P.P.C. The F.I.R. of this incident was lodged by complainant Amanullah, alleging that on 5 12 2000 he was sleeping in a room alongwith six others when accused Muhammad Ramzan with the help of Abbas and Mansoor (the applicant) forcibly committed sodomy with him. Thereafter, Abbas and Mansoor s also committed unnatural offence with him by force. He further stated that other two persons namely Ejaz and Mumtaz were sleeping in the same room. Main contention raised by learned counsel for applicant is that the applicant is minor and he has remained in custody for a period of more than nine months, as such he is entitled to bail. He also relied on the affidavits of Ejaz and Mumtaz who have exonerated the applicant. Learned A.A. G. submitted that this is a heinous offence and there is sufficient evidence supported by the medical report. In support of bail plea the applicants original school leaving certificate has been filed which shows his date of birth as 15 8 1988. Learned counsel for applicant has also filed a copy of entry in the birth register of Union Council, Gujrat showing the date of birth of applicant as 10 4…

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