MUHAMMAD NADEEM Alias UDHAM vs THE STATE
This matter concerns a petition for post-arrest bail filed by the petitioner, who was accused of committing sodomy under Section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 and Section 377 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner, a juvenile at the time of the alleged offense, was entitled to the grant of bail given the specific circumstances of the case. The Court observed that the petitioner was 11 years and 9 months old at the time of the occurrence, a fact verified by school records. Furthermore, the Court noted a three-day delay in lodging the First Information Report, a similar delay in the victim's medical examination, and a medical report indicating the petitioner's incapacity to perform sexual intercourse. Additionally, the petitioner had been incarcerated for over five months without the immediate prospect of trial commencement. Holding that the petitioner was subject to the Juvenile Justice System Ordinance 2000, the Court granted the bail application, emphasizing the necessity of considering the petitioner's juvenile status and the evidentiary weaknesses presented.
- Is a juvenile accused of an offense under the Offence of Zina (Enforcement of Hudood) Ordinance 1979 entitled to bail when there is a significant delay in the registration of the FIR?
- Does a medical report indicating physical incapacity to commit the alleged sexual offense constitute a valid ground for granting post-arrest bail?
- Should the provisions of the Juvenile Justice System Ordinance 2000 be considered when determining bail for a minor accused of a serious offense?
- Section 12, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 377, Pakistan Penal Code 1860
- Juvenile Justice System Ordinance 2000
ORDER
Petitioner seeks post-arrest bail in case F.I.R. No.115 of 2002 dated 22-5-2002 under section 12, Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 read with section 377, P.P.C.
Registered at Police Station Sahooka, District Veharri.
2. As per F.I.R., the petitioner is accused of committing sodomy with Sala-ud---Din (aged 10 years), son of the complainant.
3. Arguments heard. Record perused.
4. It is not denied that on the date of the alleged occurrence, age of the petitioner was 11 years and 9 months. Headmaster of the Government Primary School, Chak No.109/EB, Tehsil Burewala, District Vehari is also present in the Court alongwith record and he verifies this fact; that there is a delay of 3 days in lodging the F.I.R. And even the medical examination of the victim was conducted after three days; that as per report of the Medical Officer, petitioner is incapable of performing sexual intercourse; that the petitioner is behind the bars for the last more than five months; though the challan has been submitted to the learned trial Court, yet there is no likelihood of commencement of the trial in the near future and; that petitioner is required to be tried under the Juvenile Justice System. Ordinance, 2000 as he is below the age of 18 years.
5. Having been persuaded by the above factors taking together, I am inclined to allow this petition.
Resultantly, petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (One lac) with two sureties each in the sum of like amount to the satisfaction of the learned trial Court.