Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 377

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 377---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), S. 53---Unnatural offence---Sexual abuse---Bail, refusal of---Scope---Accused was alleged to have committed unnatural offence with the minor son of complainant---Delay, as per FIR, had occurred because of the intervention of the elders of locality compelling the complainant for compromise---Medical report showed that the minor son of complainant was subjected to unnatural offence---Non-availability of report of Forensic Laboratory was of little consequence at bail stage---Juvenility by itself did not confer a license upon a person to commit such an offence---Offence was not compoundable, therefore, statement of complainant to have compromised the matter could not be taken into account---Accused was prima facie connected with the commission of offence which was both serious and heinous and also fell within the prohibitory clause of S.497, Cr.P.C.Petition for grant of bail was dismissed, in circumstances. JUDGMENT QAISER RASHID KHAN, J.Accused-petitioner Abu Bakar Siddique seeks his release on bail in case FIR No.380, dated 9.6.2020, under Sections 377, P.P.C. read with section 53 of the Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010 of Police Station Katlang, District Mardan, with the allegations that he had committed unnatural offence with the minor son of the complainant. 2. All that the learned counsel for the accused-petitioner vehemently contends is that the accused-petitioner has been falsely charged in a delayed FIR by the complainant; that the FSL report is not available on the file to show that the accused-petitioner has in fact committed sodomy with the minor son of the complainant; that the accused-petitioner is a juvenile and lastly, that the complainant does not want to contest the bail petition and has got no objection over the release of the accused-petition on bail. 3. The learned AAG on his turn resists such contentions of the learned counsel for the accused-petitioner on the ground that the accused-petitioner has been directly charged by the complainant for the commission of the…

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