Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 292,367-A,377

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 292, 367-A & 377--Pre-arrest bail--Confirmed--Allegation of--"Sodomy"--Further inquiry--False implication--An ordinate delay of one week in lodging FIR--No specific date and time of occurrence of offence--No eye-witness--Only solitary statement of victim--No independent evidence to corroborate--Victim was medically examined--M.O. did not find any tear, redness or laceration in canal sphincter--Report of PFSA was also negative--On vide clip, the petitioner was not visible in said video clip--Further inquiry is required to determine guilt of petitioner--False implication cannot be ruled out--Bail was accepted. THIS ORDER PASSED BY: TARIQ SALEEM SHEIKH, JUSTICE---.--- Through this application the Petitioner seeks pre-arrest bail in case FIR No. 583/2017 dated 19-11-2017 registered at Police Station Jatoi, District Muzaffargarh, for offences under Sections 377/367-A/292 PPC. 2. Briefly, the prosecution case is that the petitioner runs a grocery shop near the Complainant's house. One week prior to the lodging of the FIR Complainant's son Muhammad Ramzan went to his shop to purchase some utility items. The petitioner enticed him to his house and committed sodomy with him while an unknown person (who was subsequently identified as Muhammad Irfan) made his video on his cell phone. 3. I have heard the learned counsel and examined the record. At the very outset, it is observed that the Complainant lodged the FIR with an inordinate delay of one week for which he has not furnished any explanation. More importantly, even the specific date and time of the alleged occurrence has not been mentioned which casts doubt on the veracity of the prosecution case. Further, there is no eye-witness of the alleged…

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