Law: Criminal Procedure Code (V of 1898)

Section: 164,497(2)

Law: Pakistan Penal Code, 1860

Section: 367-A,377

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 377 & 367-A---Sodomy---Bail, grant of---Further inquiry---According to the FIR the victim boy went along with accused and co-accused on his own volition to attend a function---Medico-legal certificate of the victim showed that the doctor had found the anus of the victim to be normal---Moreover, in his statement recorded under S. 164, Cr.P.C. before the Magistrate, the victim had not specifically named the accused, rather he made a general allegation against accused and co-accused without naming any one of them, nor he had given the names of the witnesses as alleged in the FIR---Case of the accused became one of further enquiry in such circumstances---Co-accused had already been granted bail---Accused was behind the bars since about 6 months and no useful purpose would be served by keeping him incarcerated for an indefinite period---Accused was granted bail accordingly. THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- Petitioner seeks bail after arrest in case FIR No. 43 of 2016 dated 16.02.2016, offence under sections 367-A, 377, P.P.C., registered at Police Station Jalalpur Bhattian, District Hafizabad. 2. Precise allegation against petitioner, as per the FIR, is that he committed sodomy with victim boy Arsalan (son of complainant), whereas his co-accused Ali Fayyaz (since granted bail) caught hold of the victim from his arms and feet. 3. After hearing the learned counsel for the petitioner, complainant present in person and learned Law Officer at some length and perusing the available record with their assistance, we have noted that it has been mentioned in the FIR that the victim boy Arsalan Ahmad after taking tuition went along with petitioner and his co-accused on his own volition to attend a Mehfil at Thatha Mehman. It was on their return to Jalalpur Bhattian, as alleged in the FIR, that the petitioner with the help of his co-accused Ali Fayyaz committed sodomy with the victim boy. It has also been mentioned in the FIR…

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