Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Juvenile Justice System Act, 2018

Section: 2(b),6(3)

Law: Penal Code (XLV of 1860)

Section: 367A,377,511

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 367-A/377 & 511--Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010, Ss. 44 & 53--Juvenile Justice System Act, 2018, Ss. 2(b) & 6(3)--Post-arrest bail, grant of--Further inquiry--According to S. 6(3) of Juvenile Act of 2018, a juvenile arrested or detained for commission of a minor or a major offence for purpose this Act, shall be treated as if he was accused of commission of bailableoffence--Punishment provided for offence u/S. 44 of Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010, is rigorous imprisonment for a term which may extend to three years and a fine--Similarly, punishment provided for an offence u/S. 53 of Act is an imprisonment for a term which may extend to fourteen years and shall not be less than seven years as well as a fine which shall not be less than ten hundred thousand rupees--Thus punishments provided for aforesaid two offences falls within definition of minor and major offences, therefore, u/S. 6(3) of Act of 2018, petitioner shall be treated under said offences as accused of a bailable offence--There is no allegation of commission of sodomy against accused--Petitioner is only charged for an attempt to commit sodomy upon him--Complainant is not an eyewitness of occurrence--Neither, any medico legal report of alleged victim is available on file to show any bruises, scratches or signs of violence on his body nor any torn clothes of victim has been taken into possession, therefore applicability of Section 367-A, PPC is a serious debatable question--Besides, in absence of any proof of penetration which is an essential ingredient to constitute offence of sodomy, applicability of Section 377, PPC is also a matter of further inquiry--There is no specific provision under Pakistan Penal Code which provides punishment for offence of an attempt to commit sodomy, therefore, recourse shall be made to Section 511, PPC--Petition is allowed. THIS ORDER PASSED BY: ROOH-UL-AMIN KHAN, JUSTICE---.--- Petitioner Mazhar Ali, seeks post arrest bail in case FIR No. 1297 dated 25.08.2018, registered under Sections 367-A, 377 and 511, PPC…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492