Law: Criminal Procedure Code (V of 1898)

Section: 498

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pre-arrest bail--Dismissal of--Complainant’s six-years-old son Yasir was playing in street near his house when Petitioner deceitfully took him into fields, removed his clothes and began to fondle him--Child sexual abuse has both short and long-term effects on victim which include depression, anxiety, post-traumatic stress disorder and psychological trauma is nominated in FIR with specific allegations--Complainant approached police seven days after happening but an adverse inference cannot be drawn against her on that score at bail stage because in our society people generally do not report such incidents immediately--This petition is accordingly dismissed. [Pp. 738, 739, 742 743] A, B, C ORDER [There] is a mass of human rights law, both treaty and ‘soft law’, both general and child-specific, which recognizes the distinct status and particular requirements of children … [Children] owing to their particular vulnerability and their significance as the future generation, are entitled to special treatment generally, and, in situations of danger, to priority in the receipt of assistance and protection. Jenny Kuper[1] Through this application under Section 498, Cr.P.C. the Petitioner seeks pre-arrest bail in case FIR No. 396/2021 dated 5.8.2021 registered at Police Station Saddar Kamalia, District Toba Tek Singh, for an offence under Section 377B, P.P.C. 2. As per crime report, the prosecution case is that on 29.07.2021 at about 5:00 p.m. the Complainant’s six-years-old son Yasir was playing in the street near his house when the Petitioner deceitfully took him into the fields, removed his clothes and began to fondle him. Yasir screamed which attracted the Complainant and other people of the area to the scene and on their arrival the Petitioner fled. 3. The learned counsel for the Petitioner contended that the Petitioner was innocent and the FIR against him was mala fide. The entire evidence against him was fabricated and could not be relied upon without corroboration. Medical examination of Yasir was necessary in the circumstances of the instant case but that was not done. The learned counsel maintained that the…

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