Peshawar [Pakistan], The Peshawar High Court (PHC) granted bail to two men accused of sexually assaulting minor boys, citing a settlement reached between the parties concerned, Dawn reported.
Justice Shahid Khan, presiding over a single-judge bench, accepted the bail pleas of both the petitioners on the condition that they furnish two surety bonds of PKR 1,00,000 each.
In one case, a 17-year-old accused faced charges under Section 376 (rape) of the Pakistan Penal Code and Section 53 (sexual exploitation) of the Khyber Pakhtunkhwa Child Protection and Welfare Act. The FIR was lodged at Chakdara police station in Dir Lower on November 8, 2023.
The complainant, the father of a five-year-old child, brought his injured son to the police station, and alleged that the child was playing outside when a young laborer took him to an under-construction building and sexually assaulted him.According to Dawn, initially, the bail pleas of the accused were rejected by an Additional Sessions Judge in Chakdara on January 25, 2024 and subsequently by the High Court on February 22, 2024.
However, the accused approached the court again citing the agreement between the parties. Considering the gravity of the offence, the trial court rejected his plea on April 8, 2024, yet the complainant later supported the settlement and raised no objection to the release of the accused.
"The trial court had the discretion to reject bail in non-compoundable offences, depending on the nature and gravity of the offence," the judgment said. Despite Section 376 PPC being non-compoundable, the High Court bench said that when the complainant no longer pursues the case against the accused, a compromise for granting bail can be a valid consideration."Even today, the complainant, despite service, is not before the court, which prima facie means that he has no interest in pursuing further prosecution against the petitioner/accused," the bench said.
In the second case, registered under Section 376 PPC and Section 53 of the KP Child Protection and Welfare Act at Matta police station in Swat on April 26, 2024, the around 22-year-old accused was accused of sexually assaulting a minor boy. , The complainant, the boy's grandmother, said her grandson was attacked by the accused in a deserted shop while he was on his way to his aunt's house.
Earlier, the bail plea of the accused was rejected by a child protection court in Swat on May 20, 2024, citing his involvement in the crime of moral turpitude. However, advocate Saeed Ahmed, representing the petitioner before the High Court, informed the court of a settlement between the parties.Expressing no objection to the bail of the petitioner along with an affidavit from the complainant and the victim's mother, the High Court bench deliberated on the grounds presented. It reiterated that although Section 376 PPC is non-dispositive, other factors prima facie warrant further investigation into the case, making it appropriate to consider a compromise for grant of bail.
The bench concluded, "The record indicates that despite the non-compoundable nature of Section 376 PPC, grounds exist which justify close scrutiny of the case." It emphasized that the complainant's withdrawal of objection to the liberty of the accused on the basis of the agreement was an important factor in the decision-making process, Dawn reported.
Justice Shahid Khan, presiding over a single-judge bench, accepted the bail pleas of both the petitioners on the condition that they furnish two surety bonds of PKR 1,00,000 each.
In one case, a 17-year-old accused faced charges under Section 376 (rape) of the Pakistan Penal Code and Section 53 (sexual exploitation) of the Khyber Pakhtunkhwa Child Protection and Welfare Act. The FIR was lodged at Chakdara police station in Dir Lower on November 8, 2023.
The complainant, the father of a five-year-old child, brought his injured son to the police station, and alleged that the child was playing outside when a young laborer took him to an under-construction building and sexually assaulted him.According to Dawn, initially, the bail pleas of the accused were rejected by an Additional Sessions Judge in Chakdara on January 25, 2024 and subsequently by the High Court on February 22, 2024.
However, the accused approached the court again citing the agreement between the parties. Considering the gravity of the offence, the trial court rejected his plea on April 8, 2024, yet the complainant later supported the settlement and raised no objection to the release of the accused.
"The trial court had the discretion to reject bail in non-compoundable offences, depending on the nature and gravity of the offence," the judgment said. Despite Section 376 PPC being non-compoundable, the High Court bench said that when the complainant no longer pursues the case against the accused, a compromise for granting bail can be a valid consideration."Even today, the complainant, despite service, is not before the court, which prima facie means that he has no interest in pursuing further prosecution against the petitioner/accused," the bench said.
In the second case, registered under Section 376 PPC and Section 53 of the KP Child Protection and Welfare Act at Matta police station in Swat on April 26, 2024, the around 22-year-old accused was accused of sexually assaulting a minor boy. , The complainant, the boy's grandmother, said her grandson was attacked by the accused in a deserted shop while he was on his way to his aunt's house.
Earlier, the bail plea of the accused was rejected by a child protection court in Swat on May 20, 2024, citing his involvement in the crime of moral turpitude. However, advocate Saeed Ahmed, representing the petitioner before the High Court, informed the court of a settlement between the parties.Expressing no objection to the bail of the petitioner along with an affidavit from the complainant and the victim's mother, the High Court bench deliberated on the grounds presented. It reiterated that although Section 376 PPC is non-dispositive, other factors prima facie warrant further investigation into the case, making it appropriate to consider a compromise for grant of bail.
The bench concluded, "The record indicates that despite the non-compoundable nature of Section 376 PPC, grounds exist which justify close scrutiny of the case." It emphasized that the complainant's withdrawal of objection to the liberty of the accused on the basis of the agreement was an important factor in the decision-making process, Dawn reported.
