UMAIR vs State S — 2021 MLD 527 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 527 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: UMAIR vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 2; S. 53; S. 511; S. 497; Penal Code (XLV of 1860); Welfare Act (XIII of 2010); Welfare Act

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

UMAIR VS State S.497---Penal Code (XLV of 1860), Ss. 377 & 511---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), Preamble, Ss. 2(1)(e) & 53---Unnatural offence, attempting to commit offence punishable with imprisonment for life or for a shorter term---Child at risk---Sexual abuse---Bail, grant of---Delayed FIR---Non-availability of medical evidence---Further inquiry---Scope---Accused was alleged to have attempted to subject the minor son of complainant of sodomy---Crime report was lodged after a delay of about four and a half hours without any plausible explanation---No medical examination of the victim was conducted---No incriminating evidence was available on record to prima facie connect the accused with the commission of offence---High Court observed that keeping in view the Preamble of Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010, in juxtaposition with definition of "child at risk" as contemplated in its S.2(1)(e) coupled with the facts and circumstances of the case, it could not be ascertained as to whether the alleged victim fell under the definition of "child at risk" or otherwise---Applicability of S.53 of the Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010, as well as S.511, P.P.C., to the case of accused was a begging question---Case of accused called for further enquiry under subsection (2) of S.497, Cr.P.C.---Petition for grant of bail was allowed, in circumstances.

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