GHULAM SHABBIR Versus THE STATE

ORDER

1. Applicant Ghulam Shabbir is facing trial in the Court of Additional Sessions Judge (Hudood), Karachi (East) for an offence punishable a/s. 12 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979. It is alleged that he and one another person took complainant Muhammad Nawaz to a house and both committed sodomy on him on 6‑7‑1985 between 3 to 5 P.M. The report of the incident was made at Model Colony P.S. in District Karachi (East) by order dated 19‑12‑1985.

2. The learned counsel for the applicant has urged that the facts alleged do not constitute an offence punishable a/s. 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and, according to him, the offence, if at all any, would fall a/s. 377 P.P.C. He has further urged that the medical evidence does not support the prosecution allegations to the extent that no positive signs of commission of sodomy by the applicant was found on his person and his clothes. He has next urged that even the Mashirnama of Vardat does not lend support to the prosecution case as no incriminating signs were found there.

3. The learned A . A . G. has opposed the application contending that the medical evidence bears out that the victim Muhammad Nawaz was subjected to sodomy and there is further evidence that the applicant accused was found in the house where the offence was committed and that pointation of that place and the applicant accused was made by the complainant.

4. The prosecution case mainly rests on the evidence of complainant Muhammad Nawaz. The medical evidence lends support to his allegations that he was subjected to sodomy but the medical evidence in respect of the applicant does not positively indicate that the applicant had committed sodomy. Nothing is alleged to have been observed on the applicant's clothes at the time of his arrest on the day following the day of incident. The Mashirnama of Vardat read out by the learned counsel shows that nothing incriminating was observed there. Bail is granted in the sum of Rs.20,000 with one surety to the satisfaction of Sessions Judge, Karachi (East).

5. M.Y.H./G‑53/K Bail granted.