Law: Criminal Procedure Code (V of 1898)

Section: 497 (1)

Law: Penal Code (XLV of 1860)

Section: 377

Law: Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010

Section: 53

Criminal Procedure Code (V of 1898) S.497 (1), third proviso---Penal Code (XLV of 1860), S. 377---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), S. 53---Sodomy, sexual abuse---Bail, grant of---Statutory ground of delay in conclusion of trial---Allegation against the accused-petitioner was that he committed sodomy with the minor nephew of the complainant---Undoubtedly, accused-petitioner was arrested on 25.02.2022, however, on completion of the investigation, challan was submitted on 19.05.2022 in the Court of Judicial Magistrate---Judicial Magistrate concluded the trial on 18.02.2023, thereby passing the judgment of conviction---An appeal against conviction was filed by the petitioner in Sessions Court, which was dismissed on 20.12.2023, with the observation that the same was filed before the wrong forum---Subsequently, the petitioner filed criminal appeal before High Court, which was accepted by setting aside the conviction and sentence and case was remanded to the Sessions Court by observing that the Judicial Magistrate was not competent to conduct the trial in the instant case---In this backdrop, the submission of challan and trial in the wrong forum could not be attributed to the accused/petitioner or any one acting on his behalf---Record transpired that after remand of the case by High Court, case file was received in the Court of Sessions on 26.9.2024, which was entrusted to the Court of Additional Sessions Judge/GBV/Child Protection Court for disposal---On 11.10.2024, after compliance of provision under S.265-C, Cr.P.C, charge was framed against the accused---Order sheet dated 30.10.2024 of the Trial Court suggested that on said date due to absence of the defence counsel, witnesses could not be examined and the case was adjourned to 07.11.2024---On 24.4.2025, due to absence of defence counsel, the case was adjourned, while on rest of the dates, the case was adjourned due to the absence of witnesses or due to Reader's Note---There was no denial of the fact that almost the trial took one year in the Court of Judicial Magistrate, where the prosecution submitted challan against the accused, which was the main reason for…