SHAH FAHAD vs State S — 2021 YLR 449 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 449 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: SHAH FAHAD vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 337-B---K; S. 2; S. 53; 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

SHAH FAHAD VS State S. 497---Penal Code (XLV of 1860), S. 337-B---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), Ss. 53 & 2(1)(e)---Sexual abuse---"Child at risk"---Scope---Bail, grant of---Delayed FIR---Further inquiry---Scope---Accused was alleged to have tried to subject the minor daughter of complainant to sexual intercourse---Occurrence was reported after a delay of 6 hours without any explanation---Medical examination report of victim suggested that no sexual act was committed with her---Except solitary statement of complainant, no other incriminating evidence was available on record to prima facie connect the accused with the commission of crime---Victim did not fall under the definition of "child at risk" as provided in S.2(1)(e) of Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010, therefore, applicability of S.53 of Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010, was a begging question---Accused was a minor and his case called for further inquiry under S.497(2), Cr.P.C.---Petition for grant of bail was allowed.

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