Citation Name: 2024 YLR 1529 PESHAWAR-HIGH-COURTBookmark this Case KIRAMAT KHAN vs State S — 2024 YLR 1529 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 1529 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 1529 PESHAWAR-HIGH-COURTBookmark this Case KIRAMAT KHAN vs State S
Subject matter: Criminal
Provisions referred to: S. 497; Penal Code (XLV of 1860); Welfare Act (XIII of 2010); Criminal Procedure Code; 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

Citation Name: 2024 YLR 1529 PESHAWAR-HIGH-COURTBookmark this Case KIRAMAT KHAN VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 377 & 506---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), Ss. 36, 38 & 53---Sodomy, criminal intimidation, violence against a child, harmful practices, sexual abuse---Bail, grant of---Further inquiry---Negative medical report--- Medical Report of the victim suggested that no action of sodomy had been done upon him, whereas the Forensic Science Lab Report regarding anal swab and garments of the victim was also negative with respect to human semen---No other incriminating evidence, except the solitary statement of the complainant, was available on record to prima facie connect the petitioner with the commission of offence---Even the complainant was not an eye-witness of the occurrence while the petitioner had not yet confessed his guilt---Thus, the case of the petitioner fell within the ambit of subsection (2) of S. 497 of the Criminal Procedure Code, 1898, calling for further inquiry, and in such like cases grant of bail is to be considered as a matter of right and not as a matter of concession---So far as the applicability of Ss. 36, 38 & 53 of Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010 in the present case was concerned, the same would best be determined by the Trial Court after recording pro and contra evidence---Investigation of the case was complete and the petitioner was no more required by the prosecution for any purpose---Petitioner was behind bars since his arrest, therefore, his further incarceration would serve no useful purpose---Bail was allowed to the petitioner, in circumstances.

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