Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 377, 448, 449 & 452---Unnatural offence, house trespass, house trespass in order to commit offence punishable with death and house trespass after preparation for hurt, assault or wrongful restraint---Bail, refusal of---Allegation against the accused was that he committed the offence of sodomy with the victim aged 10/11 years---Victim gave an account of his ordeal, in the FIR, which was further corroborated by the medical evidence---Offence was heinous one and fell within prohibitory clause of S.497, Cr.P.C.---Bail was therefore, refused in circumstances. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, JUSTICE:---.--- The petitioner seeks bail after arrest in case FIR No. 41 of 2016 dated 12.8.2016 charged under sections 452/449/448/377, P.P.C. registered at Police Station City Chilas District Diamer. 2. Precisely the story as set up by Faizan (victim) son of Fayyaz resident of Balakot age about 10/11 years is that after death of his mother, his father contracted a second marriage and he was brought by his real uncle Aurangzeb, to Chilas, where his uncle has established a barber shop and he was frequently visiting the shop of his uncle. On the fateful day his uncle and his cousin Bilal went to Jamah Masjid Chilas to offer Juma prayer and left him in the shop. In the absence of his uncle when he was alone in the shop, the present petitioner entered into the shop and took the complainant (victim) into a wash room and on raising hue and cry the accused/petitioner pressed his throat and committed sodomy with him. In the meanwhile his uncle Aurangzeb and Bilal came back and took him to police Station Chilas, where he lodged the FIR. 3. The learned counsel for the petitioner submits that the petitioner has not committed the offence and has been falsely implicated in the case. The learned counsel further contended that as per school leaving certificate the date of birth of the petitioner is 7 January 2006 and his case falls within the ambit of section 497(1), Cr.P.C. further the complainant is no more interested to prosecute the case any further. The complainant is ready to get his statement…

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