Law: Criminal Procedure Code (V of 1898)

Section: 497,345

Law: Pakistan Penal Code, 1860

Section: 377,511

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 377 & 511---Khyber Pakhtunkhawa Child Protection and Welfare Act (XIII of 2010), S. 53---Sodomy, attempt to commit offences punishable with imprisonment for life, sexual abuse---Bail, refusal of---Allegation against accused, a doctor, was that while lying the victim/child on the bed for the purpose of ultrasound caught hold of him, kissed his lips and tried to enter his finger in the anus of child---Accused was directly charged in the FIR for commission of the said offence---Said offence fell in prohibitory limb of S. 497(1), Cr.P.C. as it was punishable under S. 53 of the Khyber Pakhtunkhawa Child Protection and Welfare Act, 2010 entailing punishment up to 14 years---Said offence was heinous in nature as child of 11 years of age had been allegedly put to sexual abuse and harassment by none else but a doctor, who was messiah in the society and belonged to a very prestigious profession where dignity, honour, professional ethics and confidentiality of patients especially if they were women and children were considered to be the benchmarks of the noble profession---Version of the prosecution was supported by statement of the victim recorded under S. 164, Cr.P.C., wherein he narrated the whole story put-forward in the FIR by the complainant---Sufficient material available on record which prima facie connected the accused with the commission of offence---Bail was refused. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 345---Penal Code (XLV of 1860), Ss. 377 & 511---Khyber Pakhtunkhawa Child Protection and Welfare Act (XIII of 2010), S. 53---Sodomy, attempt to commit offences punishable with imprisonment for life, sexual abuse---Bail, refusal of---Compromise---Allegation against accused, a doctor, was that while lying the victim/child on the bed for the purpose of ultrasound caught hold of him, kissed his lips and tried to enter his finger in the anus of child---Grandfather of the victim submitted affidavit to the effect that he had no objection if accused was released on bail as compromise between the parties had been effected---Validity---Compromise could not…

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