Law: Governor-Criminal Procedure Code (V of 1898)

Section: 497(1)

Law: Penal Code (XLV of 1860)

Section: 376(3)

Law: Juvenile Justice System Act, 2018

Section: XXII,5(1)(b),7(2),23

Criminal Procedure Code (V of 1898)-------S. 497(1)---Penal Code (XLV of 1860), S. 376(3)---Juvenile Justice System Act (XXII of 2018), Ss. 5(1)(b), 7(2) & 23---Unnatural offence---Juvenile offender---Bail, grant of---Further inquiry---Allegation against the accusedpetitioner was that he committed an unnatural offence with the minor son of complainant---In the present case, the petitioner was around eleven years old at the time of the alleged occurrence---According to FIR, petitioner was found committing sodomy with the minor son of complainant, while grazing goats in the fields---Investigating Officer had not investigated the circumstances proceeding the incident which were necessary to establish mens rea--Investigating Officer had also not obtained the reports under Ss.5(1)(b) and 7(2) of the Juvenile Justice System Act, 2018, although they were mandatory---Given that the petitioner's age was closer to the lower end of the 10 to 14 age bracket, more convincing evidence was required to establish his maturity level, even at the investigation stage, because younger children were generally presumed to lack the maturity to understand the nature and consequences of their actions thoroughly---If a child was closer to 14 years old, the presumption might lean more towards the likelihood of sufficient maturity, thus requiring comparatively less rigorous evidence to establish that maturity---For all said reasons, further inquiry was needed to determine the petitioner's guilt---Bail was allowed, in circumstances.Resham Khan and another v. The State and another 2021 SCMR 2011 rel."The problem of the delinquent child, though juristically comparatively simple, is, in its social significance, of the greatest importance, for upon its wise solution depends the future of many of the rising generation."1ORDERTARIQ SALEEM SHEIKH, J.---Through this application, the petitioner seeks post-arrest bail in case FIR No.348/2023 dated 01.11.2023 registered at Police Station Raitra, District Dera Ghazi Khan, for an offence under section 376(3) of the Pakistan Penal Code 1860 (P.P.C). Earlier, he applied to the Juvenile Court for the same relief which was…