Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 377,355

Law: Khyber Pakhtunkhwa Child Protection and Welfare Ordinance, (II of 2010)

Section: 53

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 377 355---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), Ss. 53 2(e)---Unnatural offences, assault or criminal force with intent to dishonour person otherwise than on grave provocation---Sexual abuse---Child at risk---Bail, refusal of---Prompt FIR---Scope---Complainant alleged that his son aged about 10/11 years disclosed that he went to the house of accused to take his pigeon, who took him inside and committed unnatural act with him; recorded his video; give him a currency note of rupees hundred and threatened him not to disclose the occurrence to anyone otherwise the accused would kill him and would upload the video on the internet---Accused was directly charged in the promptly lodged FIR---Victim and the accused, being co-villagers were known to each other and there was no question of misidentification---No ill-will existed between the parties which could prompt the complainant to falsely charge the accused in the offence---Report of Forensic Laboratory supported the prosecution version---Victim in his statement recorded under S. 164, Cr.P.C. had charged the accused, endorsing the contents of FIR---Alleged victim fell within the definition of child at risk and S. 53 of Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010 was applicable to the case of accused, which was non-bailable---Petition for grant of bail was dismissed. JUDGMENT AHMAD ALI, J.--- Through the instant petition, the petitioner (Mujahid son of Rasheed), seeks his post-arrest bail in case FIR No. 01 dated 01.01.2020 under sections 377/355, P.P.C. read with section 53, C.P.A., Police Station Sherwan, (Abbottabad). 2. Complainant Walidad Khan reported the matter to the local police alleging therein that his son Zeeshan Khan aged about 10/11 years disclosed that he went to take back his pigeon from one Mujahid who took him inside his house where he committed unnatural act with him and also recorded his video. Thereafter he put a currency note of Rs. 100/- in the pocket of victim and threatened him not to disclose the occurrence to anyone otherwise he would kill him and would upload the…

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