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MUJAHID vs State S — 2021 PCrLJ 849 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJ 849 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PCRLJ
Parties
MUJAHID vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 164; S. 53; 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

MUJAHID VS State S. 497---Penal Code (XLV of 1860), Ss. 377 & 355---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), Ss. 53 & 2(e)---Unnatural offences, assault or criminal force with intent to dishonour person otherwise than on grave provocation---Sexual abuse---Child at risk---Bail, refusal of---Prompt FIR---Scope---Complainant alleged that his son aged about 10/11 years disclosed that he went to the house of accused to take his pigeon, who took him inside and committed unnatural act with him; recorded his video; give him a currency note of rupees hundred and threatened him not to disclose the occurrence to anyone otherwise the accused would kill him and would upload the video on the internet---Accused was directly charged in the promptly lodged FIR---Victim and the accused, being co-villagers were known to each other and there was no question of misidentification---No ill-will existed between the parties which could prompt the complainant to falsely charge the accused in the offence---Report of Forensic Laboratory supported the prosecution version---Victim in his statement recorded under S. 164, Cr.P.C. had charged the accused, endorsing the contents of FIR---Alleged victim fell within the definition of "child at risk" and S. 53 of Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010 was applicable to the case of accused, which was non-bailable---Petition for grant of bail was dismissed.

Other judgments reported in 2021 PCRLJ

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