Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 377

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S. 377---Un-natural offence---Pre-arrest bail, grant of---Scope---Delayed FIR---Contradiction in ocular and medical evidence---Completion of investigation---Scope---Accused sought pre-arrest bail in an FIR registered against him wherein serious allegation of sexual assault and committing offence of sodomy was levelled against him by the mother of victim---Matter was reported to the police with delay of two days without proper explanation---Medico-legal certificate mentioned no date and time of medical examination of victim---No tears, lacerations, bruises, abrasion, swellings, hyperemia at the private parts and around the private parts were observed---No seminal material was found on the items sent to the Medical Officer---Forensic report did not verify the allegation of sodomy against the accused---Investigating Officer submitted that as the act of sodomy was not established during the course of investigation, so, the offence under S.377, P.P.C. was converted into S.377-B, P.P.C., but when he was confronted regarding the availability of any evidence in that regard, the answer was in the negative---Investigation had already been completed, meaning thereby that handing over the custody of accused to the police was neither likely to serve any useful purpose nor it seemed justified---Petition for grant of pre-arrest bail was allowed, in circumstances. ORDER MUHAMMAD WAHEED KHAN, J.--- Apprehending his arrest at the hands of the local police, petitioner Muhammad Tanveer through this petition seeks pre-arrest bail in case FIR No.365/2020 dated 25.09.2020 registered under section 377, P.P.C. at Police Station City Ahmedpur East, Bahawalpur. 2. The petitioner was booked in the instant crime report with an allegation that on 23.09,2020 in the area of Mauza Wahid Qadir Deena situated within the territorial limits of Police Station City Ahmad Pur East, Bahawalpur, he committed sodomy with one Shehzad, 7, son of the complainant and on the intervention of the PWs, he managed to run away, hence, the instant FIR. 3. After having dilated upon the facts, in the light of arguments advanced by the…

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