MUHAMMAD FAYYAZ Versus State

ORDER

ABDUL SAMI KHAN, J.--- Through this petition under section 497, Cr.P.C. the petitioner has sought bail after arrest in case FIR No.268/2015 dated 01.04.2015 under sections 377, 363, P.P.C., Police Station Shad Bagh, Lahore.

2. I have heard the learned counsel for the parties and have gone through the record of this case with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. It has been noticed by this Court that the petitioner is well nominated in FIR and specific allegations of committing sodomy with Muhammad Zain Javed, son of the complainant are leveled against him. The statements of PWs as well as the statement of victim recorded under section 161, Cr.P.C. are available on record, fully involving the petitioner in this case. Although according to the report of Punjab Forensic Science Agency, no seminal material was detected in the anal swabs of victim yet the fact remains that the victim was medically examined on 01.04.2015, after 24 hours of the occurrence and according to medical jurisprudence book of ALFRED TAYLOR (page 96), it is very difficult to identify semen traces from the swabs taken from anus of victim after 24 hours of the occurrence as there is every possibility that the semen might have washed away with the passage of stool. It has been noticed that as per Medico-legal Certificate of the victim, the act of sodomy was proved clinically as the doctor has observed abrasion around anus of minor victim. During investigation, the petitioner has been found involved in this case by the investigating officer and the offence with which the petitioner is charged falls under the prohibitory clause of section 497, Cr.P.C.

3. For what has been discussed above, this petition has got no force and the same is dismissed.

4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.

HBT/M-10/L Bail refused.