MUHAMMAD ASHRAF ALIAS BHAGGI Versus THE STATE

ORDER

This is an application for grant of bail of Muhammad Ashraf alias Bhaggi petitioner in case under section 10/12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and sections 364‑A and 377, P.P.C. registered at P.S. Shahdara, Lahore vide F.I.R. 60/1986 dated 3‑2‑1986.

2. The prosecution case is that Muhammad Ashraf petitioner deceitfully took Mst. Farhat, a child, three years old, to a garden in order to subject her to unnatural lust and thereafter actually committed sodomy upon her.

3. Learned counsel for the petitioner submits that the petitioner is in jail for one year and 9 months; that compromise has been effected between the petitioner and the father of Mst. Farhat and that there is no eye‑witness of the commission of sodomy by the petitioner on the victim. Learned A.A. ‑G. has opposed this application.

4. Muhammad Anwar the father of Mst. Farhat is present in the Court. He states that he has no objection to the grant of bail to the petitioner .

5. I have considered the submissions made by the learned counsel, for the parties with care. I find that offences under section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and' under section 264‑A, P.P.C. being punishable with death, the statutory' period of delay in the conclusion of the trial is two years which has not elapsed so far; that the medico‑legal report shows that sodomy had been committed on Mst. Farhat a child of three years; that the chemical examiner report shows that the swabs were stained with semen and blood; that the circumstantial evidence collected by the police prima facie connects the petitioner with the abduction kidnapping of Mst. Farhat in order that she may be subjected to unnatural lust and that the bail cannot and should not be allowed in such like cases, on grounds of compromise between the parties or on the desire of' the complainant and the law should take its own course.

For what has been said above, the petition is dismissed. The trial Court is directed to conclude trial as early as possible preferably within three months.

M.Y.H./M‑527/L Bail refused.