Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 377

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 377---Unnatural offences---Bail, refusal of---Defective investigation---Delayed FIR---Un-witnessed incident---Scope---Accused was alleged to have sodomized the 14 years old nephew of complainant---First Information Report was delayed and DNA reports were not of much use as samples were collected and sent at a much later date by the Investigating Officer---Lapses on the part of the Investigating Officer at such preliminary stage could not have an adverse impact on the case of victim---Victim had told the court that the delay was caused as a consequence of sheer fear on the part of his family as people of the locality were afraid of accused---Victim, prima facie, had no reason to falsely implicate the accused---Bail application was dismissed, in circumstances. ORDER OMAR SIAL, J.--- Mohammad Tariq has sought post arrest bail in Crime No. 268 of 2020 registered under section 377, P.P.C. at the Manghopir Police Station. Earlier, his application seeking bail was dismissed by the learned 10th Additional Sessions Judge, Karachi West on 13-8-2020. 2. A background to the case is that the aforementioned FIR was lodged on 16-5-2020 by Umeed Ali Malangi reporting an incident which had occurred on 14.5.2020. He recorded in the FIR that his nephew Yaseen who is 14 years old told him that on 14-5-2020 the applicant, Mohammad Tariq, a co-worker at the hotel he works in, took him to a deserted spot on the pretext of cutting wood for the hotel and when they got there, Tariq tied him up on the force of a pistol and sodomized him. Later, Tariq let him go but only after threatening him of dire consequences if he told anybody about the said incident. 3. The learned counsel for the applicant has argued that there is no witness; that the DNA report was in the negative; that the FIR is substantially delayed. 4. I have heard the learned counsel for the applicant as well as the learned DPG. The complainant and the victim effected an appearance on court notice but remained unrepresented due to financial constraints. My observations are as follows. 5. It appears to be correct that there is no witness apart…

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