ABUBAKAR SADIQUE vs MUKHTIAR ALI S — 2021 MLD 31 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 31 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: ABUBAKAR SADIQUE vs MUKHTIAR ALI S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 377---K; S. 53---U; S. 497; Penal Code (XLV of 1860); Welfare Act (XIII of 2010)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABUBAKAR SADIQUE VS MUKHTIAR ALI S. 497---Penal Code (XLV of 1860), S. 377---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), S. 53---Unnatural offence---Sexual abuse---Bail, refusal of---Scope---Accused was alleged to have committed unnatural offence with the minor son of complainant---Delay, as per FIR, had occurred because of the intervention of the elders of locality compelling the complainant for compromise---Medical report showed that the minor son of complainant was subjected to unnatural offence---Non-availability of report of Forensic Laboratory was of little consequence at bail stage---Juvenility by itself did not confer a license upon a person to commit such an offence---Offence was not compoundable, therefore, statement of complainant to have compromised the matter could not be taken into account---Accused was prima facie connected with the commission of offence which was both serious and heinous and also fell within the prohibitory clause of S.497, Cr.P.C.---Petition for grant of bail was dismissed, in circumstances.

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