Pak: Peshawar HC Grants Bail To Two Accused In Child Sexual Assault Cases

The Peshawar High Court (PHC) granted bail to two individuals accused of sexually assaulting minor boys, citing compromises reached between the involved parties, as reported by Dawn.

Justice Shahid Khan, presiding over a single-member bench, accepted the bail petitions of both petitioners on the condition that they provide two surety bonds each worth PKR 1,00,000.

In one case, a 17-year-old accused faced charges 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 lodged at Chakdara police station in Dir Lower on November 8, 2023.

The complainant, the father of a five-year-old child, brought his injured son to the police station, alleging that the child had been playing outside when he was taken to an under-construction building by a young laborer and sexually assaulted. Initially, the accused’s bail petitions were denied by an additional sessions judge in Chakdara on January 25, 2024, and subsequently by the high court on February 22, 2024, according to Dawn.

However, the accused approached the court again, citing a compromise between the parties. Despite the trial court rejecting his plea on April 8, 2024, noting the gravity of the offense, the complainant later endorsed the compromise and expressed no objection to the accused’s release.

“The trial court had the discretion to reject bail in non-compoundable offences based on the nature and gravity of the offence,” the ruling stated. Despite section 376 PPC being non-compoundable, the high court bench noted that when the complainant no longer pursued the case against the accused, a compromise could be a valid consideration for granting bail. “Even today, the complainant, despite service, is not before the court, which prima facie means that he is not interested in further prosecution of the petitioner/accused,” the bench observed.

In the second case, registered at Matta police station in Swat on April 26, 2024, under section 376 PPC and section 53 of the KP Child Protection and Welfare Act, the accused, approximately 22 years old, faced allegations of sexually assaulting a minor boy. The complainant, the boy’s grandmother, reported that her grandson was assaulted by the accused in a deserted shop while visiting his paternal aunt’s residence.

Earlier, the accused’s bail petition had been rejected by a child protection court in Swat on May 20, 2024, citing his involvement in an offense of moral turpitude. However, Advocate Saeed Ahmad, representing the petitioner before the high court, informed the court of a resolution between the parties.

Accompanied by an affidavit from the complainant and the victim’s mother expressing no objection to the petitioner’s bail, the high court bench deliberated on the grounds presented. It reiterated that while section 376 PPC is non-compoundable, other factors prima facie warranted further inquiry into the case, justifying the consideration of a compromise for granting bail.

“The record indicates that despite the non-compoundable nature of section 376 PPC, grounds exist that justify a closer examination of the case,” the bench concluded. It emphasized that the complainant’s withdrawal of objection to the accused’s liberty on the basis of the compromise was a significant factor in the decision-making process, Dawn reported.