Law: Criminal Procedure Code (V of 1898)

Section: 498

Criminal Procedure Code (V of 1898)--- ---- S. 498---Penal Code (XLV of 1860), Ss. 377A 377B--- Sexual abuse against children--Delay in lodging FIR---Medical examination of victim---Proof of mala fides---Pre-arrest bail, refusal of---Accused sought pre-arrest bail for offence under Ss. 377A 377B, P.P.C., inter alia, on ground that evidence against him was fabricated, that no medical examination of victim was done and that there was unexplained delay in lodging of FIR---Validity---Accused was nominated in FIR with specific allegations and adverse inference could not be drawn against complainant for approaching police seven days after the incident, as such incidents were generally not reported immediately in the society---Overall impact of said delay, if any, had to be determined by Trial Court on conclusion of the trial when testimony of all witnesses was recorded and they were duly cross-examined---Accused did not place any material which suggested that allegations were fabricated and mala fides must be pleaded with particularity and proof of mala fides was sine qua non for grant of pre-arrest bail --- All acts described in S. 377A, P.P.C. were criminal offences if the victim was less than 18 years of age and same held true regardless of age of accused and consent of victim was inconsequential; and victim’s own statement against accused was most important---Allegation against accused, in the present case, was of fondling the victim, and there was no possibility of injury to victim, therefore medical examination was not required---Application for grant of pre-arrest bail was rejected, in circumstances. International Law Concerning Child Civilians in Armed Conflict (1997), Clarendon Press; In: Falch-Eriksen A., Backe-Hansen E.(eds) Human Rights in Child Protection. Palgraye Macmillan, Cham. https://doc.org/10.1007/978-3-319-94800-3_2; Ben Mathews, New International Frontiers in Child Sexual Abuse, Theory, Problems and Progress (2019), ISBN 978-3-319-99043-9 (eBook); Shahzada Qaiser Arfat alias Qaiser v. The State and another PLD 2021 SC 708; Rana Muhammad Arshad v. Muhammad Rafique and another PLD 2009 SC 427; Muhammad Sadiq and others v. The State and another…

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