SIRAJ AHMAD Versus MUHAMMAD SALEEM

ORDER

The petitioner/complainant has filed this petition for cancellation of bail under section 497(5), Cr.P.C. granted to respondents/accused by the learned Additional Sessions Judge in case F.I.R. No.76/93 registered under section 377/34, P.P.C. at Police Station Samma Satta.

2. The complainant had alleged that he was student of Matric and on 7-4-1993 there was practical of Chemistry. After taking the practical the complainant came out. Muhammad Sarwar Fauji (absconder) and Muhammad Asghar who were standing outside met him and asked the complainant that the case of unfair means made against the complainant during examination, would be enquired from Bahawalpur. The accused alongwith the complainant left for Bahawalpur on a motorcycle and the motorcycle was stopped near Gulistan Mills. The respondents went to the house of Master Muhammad Saleem who had to accompany the accused to Bahawalpur. Master Muhammad Saleem handed over the key of the house and asked the accused to go on the Dera. The complainant and the accused reached the Dera. Soon after reaching Master Muhammad Salecm, Muhammad Sarwar Fauji took the complainant in a room and directed him to remove the clothes. The complainant resisted, on which Muhammad Sarwar Fauji gave him beating. Meanwhile the respondents/accused also entered the room, fastened the complainant and removed his clothes. Thereafter the accused including respondents committed sodomy with the petitioner/complainant. They also made naked photographs of the complainant forcibly. They kept the complainant for 7/8 days and had been committing sodomy with him. Thereafter the complainant was let off and threatened not to disclose to anyone.

3. Learned counsel for the respondents argued that no report of chemical examiner had been received. No potency test of the respondents was made. Moreover, there is no allegation of tampering with the prosecution evidence. The challan has been submitted in the trial Court.

4. There are serious allegations of committing sodomy against the respondents. The bail granted to them is cancelled. However, the trial Court is directed to conclude the trial within three months.

N.H.Q./S-504/L Bail cancelled.