2022 SCMR 1447
S. 497 (2)---Penal Code (XLV of 1860), Ss. 377, 367-A & 337-B---Constitution of Pakistan, Art. 185(3)---Kidnapping of minor, sodomy---Bail, grant of---Further inquiry---Allegation against the accused was that he committed sodomy with the minor son of the complainant---However, according to the medical report, which was done promptly after the occurrence, there was no injury mark found around the victim's anus; anal bone was normal and was admitting one finger, which seemed to be normal---Perusal of the DNA report shows that sperm fractions of item Nos. 1, 3.1, 3.2, 3.3, 3.4 & 3.5 matched with the DNA profile of the accused; it further stated that the probability of finding an unrelated individual at random in the population as being a source of the DNA obtained from sperm fractions of item Nos. 3.1, 3.2, 3.3, 3.4 & 3.5 was approximately one in 63 octillion in caucasians---Approximate ratio regarding the positivity of DNA report clearly reflected that it could not override the Medico-legal report stricto sensu, which was prepared promptly---Keeping in view the medico legal and the DNA reports, the accused had made out a case for bail and this aspect of the matter would be resolved by the Trial Court during trial---Moreover FIR was lodged after two days of the occurrence and no plausible justification had been given for the same---Possibility could not be ruled out that the FIR was registered with deliberation and consultation in order to frame the accused---Accused was behind the bars for the last more than seventeen months, and until now no witness had been recorded---No useful purpose would be served by keeping the accused behind the bars for an indefinite period till the conclusion of the trial---Taking into consideration all the facts and circumstances, case of the accused squarely fell within the ambit of section 497 (2), Cr.P.C., calling for further inquiry into his guilt---Petition for leave to appeal was converted into appeal and allowed and accused was admitted to bail.
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