PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

ABDUL MATEEN vs State Ss — 2022 MLD 464 PESHAWAR-HIGH-COURT

Case information

Citation
2022 MLD 464 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
MLD
Parties
ABDUL MATEEN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 2; S. 53; B---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

ABDUL MATEEN VS State Ss. 497 & 164-B---Penal Code (XLV of 1860), Ss. 377, 355 & 34---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), Preamble, Ss. 2(1)(e) & 53---Unnatural offence, assault or criminal force with intent to dishonour person, otherwise than on grave provocation and common intention---Child at risk---Sexual abuse---DNA test---Bail, grant of---Contradiction in medical and ocular evidences---Scope---Accused was alleged to have committed sodomy with the nephew of complainant---Medical report available on record suggested that no sexual act was done with the victim---No incriminating evidence was available on record except solitary statement of complainant 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 S.2(1)(e) of said Act 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, to the case of accused was a begging question---Section 164-B, Cr.P.C., was not complied with as no samples for DNA test were obtained either from the accused or victim despite the fact that the word "shall" was used in the relevant provision which made its applicability mandatory---Petition was allowed, in circumstances. Head Notes

Other judgments reported in 2022 MLD

Back to the case-law library · Search Pakistani case law in Urdu or English