Pakistani Supreme Court grants bail to two people in child sexual abuse cases

ANI-US |
Updated: June 16, 2024, 6:37 p.m. IS

Peshawar (Pakistan), June 16 (ANI): The Peshawar High Court (PHC) granted bail to two persons accused of sexually abusing minor boys, citing compromises reached between the parties, Dawn reported.
Justice Shahid Khan, presiding over the single-judge bench, accepted the bail applications of both the petitioners on the condition that they furnish two surety bonds of PKR 1,00,000 each.
In one case, a 17-year-old accused was booked under Section 376 (rape) of the Pakistan Penal Code and Section 53 (sexual abuse) of the Khyber Pakhtunkhwa Child Protection and Welfare Act. The FIR was filed at Chakdara police station in Dir Lower on November 8, 2023.
The complainant, the father of a five-year-old child, took his injured son to the police station, claiming that the child was playing outside when he was taken into an under-construction building by a young labourer and sexually abused. According to Dawn, the accused’s bail pleas were initially rejected by an additional judge in Chakdara on January 25, 2024, and subsequently by the Supreme Court on February 22, 2024.
However, the defendant again approached the court, citing a compromise between the parties. Although the court denied his request on April 8, 2024, citing the seriousness of the crime, the plaintiff later approved the compromise and did not object to the defendant’s release.

“The court has the discretion to deny bail in non-comparable offences depending upon the nature and gravity of the offence,” the judgment said. Although Section 376 PPC is not comparable, the high court observed that a compromise could be a valid consideration for granting bail if the plaintiff is no longer pursuing the case against the accused. “Today too, despite service of process, the plaintiff is not before the court, which prima facie means that he has no interest in further prosecution of the plaintiff/accused,” the high court observed.
In the second case, registered at Matta Police Station in Swat on April 26, 2024, the accused, aged around 22, was charged under Section 376 PPC and Section 53 of the KP Protection and Welfare of Children Act for sexually abusing a minor boy. The complainant, the boy’s grandmother, stated that her grandson was attacked by the accused in an abandoned shop when he was visiting his paternal aunt’s residence.
Earlier, on May 20, 2024, a Child Protection Court in Swat had rejected the accused’s bail application on the grounds that he was involved in a crime of moral turpitude. However, lawyer Saeed Ahmad, who represented the plaintiff before the Supreme Court, informed the court of a settlement between the parties.
Accompanied by an affidavit from the plaintiff and the victim’s mother expressing no objection to the plaintiff’s bail, the High Court deliberated on the grounds raised. It reiterated that while Section 376 PPC was not amenable to compromise, other factors prima facie warranted further investigation of the case and justified consideration of a compromise for grant of bail.
“The record shows that despite the non-conformity of Section 376 PPC, there are reasons to warrant a closer examination of the case,” the court concluded. It stressed that the plaintiff’s withdrawal of his plea against the accused’s liberty on the basis of compromise was a major factor in the decision-making process, Dawn reported. (ANI)